• Adoption of son

My second husband wants to adopt my son from first marriage. Biological father has agreed to consent.Now we are in Delhi NCR and he is in Kolkata. Is the presence of Biological father required during registering the deed or only his NOC will do?
If so( as he wont be willing to fly down)do we need to organize the procedures in Kolkata or it can be organized at DELHI NCR Courts also with a NOC from him?

If we need to do in Kolkata what are the documents required for me and my present husband?
Asked 1 year ago in Family Law from New Delhi, Uttar Pradesh
Religion: Hindu
Hi, presence of the Biological father is required at the time of registration of the adoption deed. 

2.The approximately the cost of the adoption deed not more then 2,000/
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) it is advisable that biological father execute the adoption deed in favour of second husband and have it registered .  

2) if it is not possible for biological father to come to Delhi adoption deed can be executed and registered in Kolkata  wherein biological father is presently residing 

3) PAN card/ aadhar card or  passport should serve as identity proof of biological parents and second husband
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
legal expenses vary depending upon lawyer you engage for drafting adoption deed .
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

Is the presence of Biological father required during registering the deed or only his NOC will do?
Opinion: NOC is required only, personal presence is not required.

If so( as he wont be willing to fly down)do we need to organize the procedures in Kolkata or it can be organized at DELHI NCR Courts also with a NOC from him?

Opinion: It can be organized at Delhi or At kolkata, both area have jurisdictions.

If we need to do in Kolkata what are the documents required for me and my present husband?
Opinion:1. ID and Address proof of both of you.
2. Adoption Deed(100/- Stamp Paper)
3. Photographs of all of you.
4. NOC of biological father(original)
5. Two Witness with ID & Address Proof.

The cost is depend on the lawyer contact personally, it will be better.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1. The physical presence of the biological father is indispensable for the execution of the deed of adoption.

2. Registration can take place either in Delhi or Kolkata. If he is unable to come to Delhi then you can go to Kolkata wherein the adoption can take place.

3. NOC from the biological father will not suffice.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. The aadhar card or voter card of the biological and adoptive father will serve as the proof of identity.

2. The expenses will be the fees of the lawyer whom you will engage for drafting the adoption deed. It may be in thousands or lakhs. The cost of registration is not likely to be more than a few hundreds.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. The biological parents shall have to be present while registering the Adoption Deed in favour of the adoptive fatjer in connection with the adoption of of their son,

2. If the biological father can not come to Delhi, get the Deed registered at Kolkata,

3. The biological parents and the adoptive father shall have to submit ID proofs along with photographs for all involved,

4. The legal expenses will depend on the fee to be charged by the lawyer which will vary between lawyer to lawyer and it should be over within Rs.30K.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0

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