• Adoption deed

Adoption Deed
Adoption deed is to be executed by the surviving biological parent of the child who has to be adopted. Since the father of the child is dead your daughter-in-law may file a suit for declaration of the death of the biological father of her child and a further declaration of her being the sole guardian of the child. Thereafter, she may execute an adoption deed in favour of her husband and apply for change of name in the passport. Without a court order the RPO is most unlikely to change the name even if adoption deed is executed.
 	Ashish Davessar
Advocate, Jaipur
15171 answers
371 consultations

our advocate wants to know the section & act under which my daughter in law has to file suit in the court for declaration of biological father of her child. So that it will be included in the court order,

I expect the answer from shri Ashish Davessar as he answered earlier to my query
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

deed of adoption can be executed by the biological mother on demise of the biological father

2) it is not necessary to file suit for declaration of death of the biological father

3) it is sufficient if death certificate of biological father is enclosed to adoption deed

4) deed of adoption should be duly registered

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

you need Court Order appointing step father as a Legal Guardian of child .The courts are empowered to appoint guardians under the Guardians and Wards Act, 1890.

Section 7 of the Guardian and Wards Act deals with the power of the Court to make an order, as to guardianship and it reads as follows:

"7. Power of the Court to make order as to guardianship.-(1) Where the Court is satisfied that it is for the welfare of a minor that an order should be made--

(a) appointing a guardian of his person or property, or both, or

(b) declaring a person to be such a guardian, the Court may make an order accordingly.

The Hindu Minority and Guardianship Act is supplementary to and not in derogation to Guardians and Wards Act

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

Though I may inform that suit for declaration is filed under section 34 of the Specific relief Act I have serious reservations agaisnt this advice or in other words I differ with this idea.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

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