Hello

Your husband is the father of the girl who holds an American passport. You are going to marry him.

The stepparent is a "legal stranger" in most of the U.S. and has no legal right to the minor child no matter how involved in the child's life they are. The biological parents (and, where applicable, adoptive parents) hold that privilege and responsibility. If the biological parent does not give up their parental rights and custody of the child, the other parent's subsequent marriage cannot create a parental relationship without the biological parent's written consent before a "child" reaches adulthood. In most cases, the stepparent can not be ordered to pay child support.

Stepparents generally do not have the authority to give legal consent to medical treatment for a stepchild, unless the stepparent has legally adopted the child or been designated a legal guardian. A child's parents or legal guardians may sign a statement authorizing a third party to consent to medical care.

Regards

1) there should be giving and taking ceremony where child is given in adoption to you

2) deed of adoption should be executed abd registered

3) since child is Hindu would be governed by provisions of Hindu adoption act

The law in India states as follows: Eligibility criteria for prospective adoptive parents The prospective adoptive parents shall be physically, mentally and emotionally stable, financially capable and shall not have any life threatening medical condition. Any prospective adoptive parents, irrespective of his marital status and whether or not he has biological son or daughter, can adopt a child subject to following, namely:- the consent of both the spouses for the adoption shall be required, in case of a married couple; a single female can adopt a child of any gender; a single male shall not be eligible to adopt a girl child; No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship. The age of prospective adoptive parents, as on the date of registration, shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under:- Age of the child 1. Maximum composite age of prospective adoptive parents (couple) 2. Maximum age of single prospective adoptive parent Child age Upto 4 years 90 years(1.) 45 years(2.) Child age Above 4 and upto 8 years 100 years(1.) 50 years(2.) Child age Above 8 and upto 18 years 110 years(1.) 55 years(2.) In case of couple, the composite age of the prospective adoptive parents shall be counted. The minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five years. The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent. Couples with three or more children shall not be considered for adoption except in case of special need children as defined in sub-regulation (21) of regulation 2, hard to place children as mentioned in regulation 50 and in case of relative adoption and adoption by step-parent.

Indian law allows OCI, PIO, and foreign families to adopt healthy children, only after the children have been made available to resident Indian and NRI families for a period of 60 days. ... Depending on the availability of healthy children, PIO and foreign families should be open to children who are considered special needs.

You can able to adopt the step daughter as per CARA rules and regulations.

Hello,

Yes complication will arise as the daughter is a US citizen. You may get in touch with CARA website and ask them the procedure for the same.

Regards

Dear Client,

There will be no complications, as after becoming major, she will have to adopt single citizenship of either India or US.

By religion being Hindu, you can adopt her by registering adoption deed at sub registrar office.

Father being her natural guardian, capable of giving her in adoption.

the adoption process is monitored by Central Adoption Resource Authority (CARA) which is the nodal agency to monitor and regulate in-country and intra-country adoption and is a part of Ministry of women and child care. You can contact CARA for more details.

Legally you can adopt your step daughter as per law.

See for adoption by Step parents CARA has released guild lines under which stable marriage of 2 years are required so after 2 years of marriage you can register with CARA and can adopt step daughter.

As the father is the only person left after the death of mother you can adopted daughter after following the procedure made in this regard by cara which is the nodal agency for adoption you need to speak to any local office of cara to know the exact procedures for adoption.

1. You can get an adoption deed registered wherein your present husband being the biological father of your daughter to be adopted, will give consent for the said adoption.

2. You can take the said US citizen in adoption provided she is a Hindu by religion as per the Hindu Adoptions and maintenance AQct, 1956.

As per latest amendment in the HAMA, 1956 through the Personal Laws (Amendment) Act, 2010 now as in the case of married man, a married woman can also adopt with the consent of her husband.

Thus with the consent of your husband you can adopt the child even though he is a foreign citizen.