• Custody of adopted daughter of widow

We are searching for a babysitter girl for our twin girls. we have found one girl of age 17 years. she is adopted kid of a widow. she is not adopted legally. now the women doesnot want to keep the girl..she wants to give the girl custody to us...she is telling to do agreement to give child custody. We need a babysitter till babysitter for the next 12 years. We can keep the girl. But we dont want to be her parents..after our death we dont want that our property by default will go to her also..we will do her marriage also..can it be possible to take custody of a child without becoming her parents???what rights she will have.
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

If she is not adopted legally she is not the adopted daughter of widow

2) for valid adoption there has to be giving and taking ceremony

3) adoption deed should should be duly registered

4) she cannot give you the child custody

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Since she is above 15 years as such she cannot be adopted by any person. You can allow to stay in your home as maid servant and perform her marriage whenever you want and herself and her husband may look after your minor twin children.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If she is not adopted legally she is not the adopted daughter of widow

she cannot give you the child custody

You can allow to stay in your home

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

1. Well, if you do not adopt this child then in no way you would become her parents or she will be entitled to inherit your property.

2. She is still minor so await for another . Once she reaches 18 years you can engage her as baby sitter and take care of her all needs for which no agreement requires to be made.

3. A babysitter does not have any special rights expect her monthly salary and agreed facilities to be provided to her .

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

An adoptive parent should be medically fit and financially able to care for a child. A person wishing to adopt a child must be at least 21 years old. There is no legal upper age limit for parents but most adoptive agencies set their own benchmarks with regard to age. For a child who is less than a year old, the adoptive parents can have a maximum combined age of 90 years. Also, neither parent must be older than 45 years.

The inheritence rights of an adopted daughter become limited only to inherit the property of her adoptive parents.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

She cannot be adopted for reason first she is not properly adopted the adoption is invalid, second her age is above 15 years so the custody cannot be taken, you can engage her baby sitter and pay her salary or can promise to marry her.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Since the girl is above the age of 15 she cannot be adopted under Hindu Adoptions and Maintenance Act unless there is a proved custom to the contrary in both the communities i,e the community to which the girl and you belong. So there is no question of taking her custody when you are not even her guardian.

2. You are free to keep any girl as a babysitter but as she has not attained the age of 18 years you should not induct her.

3. Your property can devolve only on your legal heirs unless you make a will to the contrary in favour of the babysitter.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1) If you have faith in yourself that you will be doing good with that girl after 12 years like marriage or her future food and clothing or earning source etc. than don't make any legal document regarding this so it will be unnecessary burden on you people.

2) If you take as child custody that it will be treated as your child and whole adoption procedure one need to follow as you already two girls child so this third adoption will be not valid.

3) So better to go with normal procedure take care of her without any legal procedures and provide her good education and earning source, marry her let her live happy life.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear client,

Child taken in adoption cannot be disown or give in adoption. You can hire her , no inheritence right she will get.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You cannot legally adopt that girl of 17 years old even if you wanted to adopt her, because her so called adoptive parents cannot give her in adoption to you.

You can engage her as a servant maid or a caretaker on certain terms and conditions.

She cannot claim any rights in your property or anything if the above suggestion is followed.

Legally no adoption can be done hence you can keep her in your home on an arrangement for taking care of your twin girls with certain conditions in writing or otherwise.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hello,

you can not take custody of the child without adopting her.

Rest if you want then you may file a petition before the court and be made her guardian.

Do not take the child on the basis of an agreement.

Do get in touch with some local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear client,

1. she is above 15 years as such she cannot be adopted by any person under Hindu Adoptions and Maintenance Act.

2. If she is not adopted legally she is not the adopted daughter of widow, adoption deed should should be duly registered.

3. A person wishing to adopt a child must be at least 21 years old. There is no legal upper age limit for parents but most adoptive agencies set their own benchmarks with regard to age.

4.Your property can devolve only on your legal heirs unless you make a will to the contrary in favour of the babysitter.

5. You can take care of her without any legal procedures and provide her good education etc.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer