• Can I adopt girl child of my wife from her previous marriage

In November 2005 I married a woman who was granted exparte divorce and was having a 3 year old girl child from her last marriage.  The biological father of the child has never cared for the child. Since her birth in 2002 and after divorce in 2005 the child is under the custody of my wife only.  The father has been a drunkard, been cruel to both the child and her mother and has never claimed the custody of the child.    In fact since the divorce proceedings began in 2004 he has never ever appeared at the court or contacted.  Under these circumstances can I adopt the child (now 11 yrs old) as my daughter?  All the needs and requirements of the child is being met by me as if she is my own biological daughter.
Asked 3 years ago in Family Law from Duliajan, Assam
Religion: Hindu
no you cannot do so . the consent of biological father is must . then only Deed of adoption can be prepared wherein natural parents give child to you in adoption
Ajay Sethi
Advocate, Mumbai
36451 Answers
2024 Consultations

5.0 on 5.0

you can not adopt without the consent of biological father
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

The consent of biological father of child is indispensable regardless of whether he has discharged or not his responsibilities as a father. She cannot be adopted without his consent.
Ashish Davessar
Advocate, Jaipur
21587 Answers
578 Consultations

5.0 on 5.0

you have to get the consent of biological father for proper legal adoption
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

3.9 on 5.0

Hi, consent of the child father is must.
Pradeep Bharathipura
Advocate, Bangalore
4372 Answers
182 Consultations

4.3 on 5.0

Ask a Lawyer

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