you will have to file suit before district court for declaration that the Adoption Deed executed by the petitioners and the natural parents of the child as valid and legal.

2)_you have to lead evidence that giving and taking ceremony was performed

3) that the adoption deed bears the signature of biological parents and the adopted parents

4) court would pass order that adoption deed is valid and legal

5) Section 16 of HAMA, 1956 creates a presumption of validity in favour of an adoption deed. Section 16 states, "Whenever any document registered under any law for the time being in force is produced before any Court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the Court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved".

If it is a registered adoption deed then there is no impediment, I hope it has been registered with Aca Or CARA

1)in your suit you seek declaration that adoption deed executed by biological parents in favour of the adopted parents is valid and legal

2) biological parents would be party to the suit .

3) they can appoint lawyer to appear on their behalf

4) it should not take more than 1 year

A suit for declaration will have to be filed and the same will take approx 6 months.

It can be in any language but since it is to be presented in Australia it will be good if it is in English

Prayer for declaration

Yes NOC from the natural parents will be required.

Regards

For declaration of adoption as valid by a court of law, you should file a petition under the provisions of respective adoption laws.

You may enclose the registered adoption deed to support your pleadings in this regard.

You can contact a local advocate who will be able to assist and guide you properly on all such further issues.

However, Australian immigration may demand for NOC or clearance certificate from CARA (Central adoption resource authority) as adoption deed under HAMA may not be acceptable for immigration purposes. So we approached CARA and they have asked us to get a court order/declaration before they can issue a NOC.

Please remember that the CARA is not an authority to issue NOC or recognise the adoption. It is another agency for such purposes.

The registered adoption deed is a legally valid document and the authorities in Australia cannot refuse to accept the same. However if you are insisting on it, then you may file an adoption Original petition before the court competent within your jurisdiction.

The decree granted by the court shall be sufficient to tackle such issues.

Our questions are:

1. What is the process of getting a court declaration? How long does it take?

You have to file a case before the court competent for getting the adoption declared as valid.

Since you have a registered adoption deed, the respondents shall be nil, hence the court may order newspaper publication and general public notice viz., tom tom, and on confirmation of no objection, the process shall be expected to completed within three months. You may engage a knowledgeable advocate who swill assist you and take care of all such issues.

2. Understand that we need to file a declaration suit, What would be the language to request that adoption deed is valid and legal?

The language and other procedures shall be intimated by your advocate, becasue the filing procedures have slight changes from one place to another, hence you better be in touch with a local advocate who will ease your tension.

3. Can it be a prayer to the court requesting for the declaration or order?

Yes, it is to declare the adoption legally valid

4. Will it require natural parents to be presented in the court?

The biological parents once have given the child in adoption to you vide a registered adoption deed, do not have any concern with the child or any other child related issues until and unless any contrary or misuse of law is proved.