one person had adopted a child from another person through registered adoption deed. my question is that again origional mother /father can adopt the same child if both the party wishes for the adoption?
koustubh bhide 06 July 2017
one person had adopted a child from another person through registered adoption deed. my question is that again origional mother /father can adopt the same child if both the party wishes for the adoption?
Siddharth Srivastava (Advocate) 06 July 2017
Yes, as such there is no prohibition.
Arjun Kohli 06 July 2017
First of all, it is essential to understand that when an adoption takes place under the Hindu Adoption & Maintenance Act, the adopted child severs all the ties with his/her natural family and becomes a part of the new family. This act does not allow the concept of "Re-adoption", i.e, the adoptive parent(s) can not give the child up for adoption further, during their lifetime.
Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 06 July 2017
Ms.Usha Kapoor (CEO) 07 July 2017
I opine that once a valid registered adoption is made under Hindu Adoption and Maintenance Act The child's biological parents rights get terminated if consent of adopfed parents is obtained nothing prevents the biological partents from readopting their child and it'd be a valid adoption.Since the adopted parents and the biological parents wish and agree for readoption of child by the biological parents it'd be a valid readoption by the child's biological parents and thus termination of biological parents rights would be restored after 1st adoption.
Urmila 07 July 2017
Arjun Kohli 07 July 2017
Originally posted by : Urmila | ||
Can a biological mother alone will be able to get d adoption deed cancel if her consent was taken forcefully during d adoption and if yes what d procedure as child is just 3 months old require mother |
It is one of the essentials under the above-mentioned act that when Father and Mother of the child are living, the father has the authority to give the child in adoption, however, it must be with the consent of the mother of such child. In this case, as it is stated that the consent was forcefully taken, the same can be definitely challenged before an appropriate Court on the grounds of invalid consent of the mother, as well as the biological needs of the child who is merely of 3 months old and under the said act, the supreme guiding factor for the Courts is the welfare of the child.
I believe one can file for the cancellation, accompanied by an application praying for an interim order, immediately granting the custody of the said child back to the biological mother, citing the biological welfare of the child itself.
I would still like to suggest to get some capable legal counsel with whom the exact details could be shared and a proper case be made out with a strong assertion for interim relief.