See, legal process is already in place when u adopt a child. After u get everything registered, u r father/mother of this child for all practical purposes.....write fearlessly
rajiv_lodha (zz) 21 December 2012
See, legal process is already in place when u adopt a child. After u get everything registered, u r father/mother of this child for all practical purposes.....write fearlessly
Tajobsindia (Senior Partner ) 21 December 2012
I differ to opinion of @ Rajiv_Lodha.
The legal process is not truly executed upon here. Simply mentioning under father’s name in school admission does not provide the child legal rights later on. Secondly it is compulsory to produce copy of birth certificate of child while school admission, seems the school authorities overlooked this Rule / Guidelines / Circular of State’s Education Board.
The due process of legally adopting the child via jurisdiction Court (which is a very simple process) is the generic legal remedy for all parties satisfaction in days to come unless parties follow customry laws where adoption via Court is not required but they have to prove such customs as and when they face a brush with law at any time in present / future.
Suggested to visit District Court under whose jurisdiction ordinarily the child resides and hire via reference any civil side practicing Junior level Advocate services and set legal adoption process in motion and seek a valid decree of reference child's legal adoption.
bhagwan (owner) 24 December 2012
MR. RAJIV_LODHA AND MR. TAJOBDINDIA ,
My friend shown his name as father, neither he is having any court ornder, neither and registered with any government organaisation. Justsimply he adopted and shownschool admission form as father., and as per TAJOBSINDA that legal process not executed means still that baby is the legal daughter of her first father/ legal born father. pls let me know that if any dispute aries whether legal father can take any action on my friennd. pls help in this matter. Thanks
Sudhir Kumar, Advocate (Advocate) 24 December 2012
where is legal query.
Is this forum for sermon?
Sudhir Kumar, Advocate (Advocate) 25 December 2012
I am among top 25 in this forum and myself giving charitable suggestions. many greatful persons have thanked me.
rajiv_lodha (zz) 25 December 2012
Originally posted by : bhagwan | ||
|
My previous reply was based upon ur statement as shown. Looked as if he has judicially adopted her. But now u tell its all on mutual understanding.
Tajob's version holds true in that case
Sudhir Kumar, Advocate (Advocate) 25 December 2012
This is classical example where persons suffer because of hiding facts while seeking advise. Had Mr Lodha been posted with full facts this advise would have come even much earlier.
I would rather add that natural parent of the child if turning vicious can even accuse kidnap.
The queriest has only state that adoption is not documented. He has not stated (i)whether adoptive father already had a daughter (ii) whether both child and parent are of same religion (iii) whether the child was already adopted or not.
Further by replacing own name in place of father's name without any adoption is immoral. He does not know what sin he is committing to the child
I have seen one senior officer facing prosecuting charges as she claimed reservation benefit in service from original parents but as per school records she had a general category father, although there is no document of adoption..
So if his friend has even a slight mercy on the child he should stop playing fraud with the law.
bhagwan (owner) 26 December 2012
Respected Mr. Sudhir Kumar., Thanks for reply and position as under:
a. adoptaed father do not have any daughter child.
b.The both the parties are Hindu.
c. Yes, the daughter is adopted 6 years ago. My friend just shown father name in school admission form.Earlier that girl school leaving certificate also attached but principal did not say how the father name is different in both ( leaving certificate and present school admission form), Principal simply accpeted cheque for school fees and admission fees. Pls help me. Thanks
Sudhir Kumar, Advocate (Advocate) 26 December 2012
The lapse (or connivance) of Principal does not in any way washes away deeds of your freinds. The father's name is change dwithout any adoption. It is a fraud. This forum does not support fraunds. The Principal can have his job in trouble if it is detected within his service.
It is immoral to play with future of the child by cultivating legal hurdles in career at this stage itself.
aliabbas (ta) 24 February 2013