• Adoption of a girl child by the second husband

Respected Sir, My sister got her second marriage registered on 26/10/2018 in New Delhi. Her first husband died of heart attack in 2012. She has a 6 year old daughter from the first marriage. The second husband is an NRI and a divorcee. He has all good intentions to take the full responsibility of the girl child. My Question Is a formal adoption required as in give and take in front of a magistrate and obtain a adoption decree or just an adoption deed duely registered/ notarised by oath commissioner will solve the question of name change in school and in passport.
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

Hello,

Adoption deed duly registered and notarized and published in the newspaper will help your cause.

Also you may visit the website of CARA and may call their helpline and do the procedure as per them.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

A deed of adoption can be made and after that declaration from.court of same can be sought for reason being after court order there won't be any issues in future just from deed there can be issues in visa.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1)there should be giving and taking ceremony

2) deed of adoption should be executed duly stamped and regsitered

3) name of child can be changed by notification in official gazette and 2 local newspapers

4) on said basis name can be changed in passport and school records

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

no need for court date nor necessary to appear before magistrate .

after giving and taking ceremony . deed of adoption should be executed and registered

deed of adoption is required to be registered before sub registrar office

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

The registration shall be with jurisdictional sub registrar office further a declaration of registered deed would be proper course.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

Adoption not valid without registered deed and in this case, ceremony is fine but to make is valid adoption, get the adoption deed execute and registered at sub registrar office, NO court intervention required.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

better to move the district court for adoption and get the court orders(in your case it is very easy. you will get the order in 3/4 months.). Once you have the court orders, you can complete the adoption process and make all appropriate changes

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Always follow the procedure of law and dont go for notary attested affidavits

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

In this case decree is not required as she is her biological mother.

Prashant Nayak
Advocate, Mumbai
34549 Answers
249 Consultations

If you go for making the deed then the same will have to be registered in the SDM office but there happens to be no requirement of the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since she is the biological mother and the biological father is no more, she can give her daughter in adoption to her spouse by a registered adoption deed.

Since the child is likely to travel to abroad, it would be better that you get the adoption deed declared as legally valid by filing a declaratory suit in a court competent.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

in order to hv give and take ceremony we need to follow the process of adoption in take a court date, appear before a magistrate and so on? In that case the court will issue a decree. And as per the answers by your fellow advocates decree is not required. Secondly where the deed should be registered? In the area SDM office

The adoption should be done by a registered adoption deed, to be registered within the jurisdictional sub registrar;'s office.

Since the child is likely to travel abroad and also the changes are to be made in the passport, birth certificate , it would be advisable to get it declared as legally valid through a court competent.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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