• Child adoption

Dear All,

Myself and my ex-husband had a mutual consent divorce legally. In final order it has been mentioned that my daughter will be under mother custody.Daughter 9 yrs old.

I am remarried since 1 year. Now as my ex- husband is going to remarry he want to  give adoption his daughter to my husband. As my husband is also willing to  adopt the child. 

As my ex-  husband is going to get engaged in may 10 -2015. He wants to finish the settlement and adoption before may 10 th 2015.He is willing to register his few assets in name of the daughter. 

As i asked him to proceed both the adoption and settlement process thro court.
He s telling as time is very short he will register the adoption and settlement process in register office. 

My question is...

1. If at all adoption is done thro register mode, will this adoption will speak in passport office, birth certificate to change the initial of my daughter.( in place of father 's initial,  to change it to step father's initial)

2. Whether register adoption process holds the value when compared to the court order.

3. Ex-husband is wiiling to register his few properties in name of the daughter. while registering should i register as A.Lalitha or N.Lalitha. whereas A stands for Ex-husband name and N stands for my husband name.

4. First adoption shud takes place or settlement shuld takes place.

5.If adoption is going to take thro court howlong it will take, as my ex-husband lawyer said it takes minimum 4 months to finsh the adoption thro court.

Kindly respond to my all queries as i am not clear and satisfied with the adoption thro registration method as i feel it doesnt worth it. If i am wrong please clarify.

Thank u all, waiting for ur valuable reply .
Asked 1 year ago in Family Law from Coimbatore, Tamil Nadu
Religion: Hindu
1) deed of adoption can be executed by the natural biological father in favour of your ex husband . it has to be duly stamped and registered . on basis of adoption deed passport can be issued by the passport office in the new name of the minor daughter .

2)you dont need court order for said purpose 

3) it is better father execute gift deed in favour of his daughter for immovable properties first . the gift deed in favour of family members  requires payment of nominal or concessional stamp duty 

4)as mentioned earlier deed of adoption duly registered should suffice . 
Ajay Sethi
Advocate, Mumbai
24747 Answers
1327 Consultations
5.0 on 5.0
A) PASSPORTS
(1) While applying for a fresh passport attach two copies of the following documents:

For Adopted Children:
In case of Adopted Children the following documents are to be furnished:
i) Valid adoption deed registered as per Indian laws
ii) In the case of Christians, Muslims and Parsis, a court order granting guardianship and allowing the child to be taken out of the Country.
iii) Copy of the guarantee executed before the Court concerned.
Ajay Sethi
Advocate, Mumbai
24747 Answers
1327 Consultations
5.0 on 5.0
1. After adoption is made in accordance with the law the name of the adoptive father can be incorporated in the passport and all other documents except the birth certificate of your daughter. 

2. The court order has been passed granting you divorce. Adoption does not necessarily have to be through a court order. The adoption deed will be a legally valid document. 

3. If the registration takes place after adoption of your daughter then you may register the properties in the name of N.Lalitha. 

4. The adoption should take place before settlement. 

5. It may take 4-6 months for it to take place through court.
Ashish Davessar
Advocate, Jaipur
18862 Answers
472 Consultations
5.0 on 5.0
Hi, it is better you can go for adoption deed and as per law it has to be registered then only it is valid.

2. Your husband has given consent for the adoption and moreover whole heatedly he has given properties also to your daughter so better you go registered adoption deed. 
Pradeep Bharathipura
Advocate, Bangalore
4159 Answers
140 Consultations
4.3 on 5.0
1. The initial of the adoptive father is to be mentioned in her passport,

2. Adoption Deed is to be registered before the Registrar only and not before the Court,

3. You should mention your name as that stands on the date of the said registration. Your name has already been changed to N. Lalitha after your remarriage,

4. First make settlement deed registered since after adoption, a person looses the right to inherit propertirs of his/her father and becomes entitled to the inherit the properties of his/her adoptive father. So, let the settlement deed be registered first before the adoption deed is registered,

5. Adop Deed is to be registered before the Regitrar's office only and it takes just one day to complete the registration.
Krishna Kishore Ganguly
Advocate, Kolkata
12722 Answers
262 Consultations
5.0 on 5.0
1. No. The adoption deed will not be  valid if the difference of age between the adoptive father and the girl child is less than 21 yaers,

2. If possible get the age of your daughter changed by 2 months by executing an affidavit. This may solve the adoption problem,

3. Wrong. Natural father does not have to give her daughter in adoption to her natural mother who is already a natural mother and can not be converted to an adoptive mother.

4. There should be only one adoptin deed wherein both the natural father and mother will give their child in adoption to the adoptive father.
Krishna Kishore Ganguly
Advocate, Kolkata
12722 Answers
262 Consultations
5.0 on 5.0
1) section 11 of Hindu Adoption and Maintenance act provides 

(iii) if the adoption is by a male and the person to be adopted is a female, the
adoptive father is at least twenty-one years older than the person to be
adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the
adoptive mother is at least twenty-one years older than the person to be
adopted; 

2)biological father is natural guardian of child . father has to give child for adoption with consent of mother .

3) as per court order you have been merely granted child custody . you cannot without consent of biological father give child in adoption to your second husband 
Ajay Sethi
Advocate, Mumbai
24747 Answers
1327 Consultations
5.0 on 5.0
1. The age difference of less than 21 years makes it impossible for your husband to adopt your child from the previous marriage.

2. However, the child may be adopted lawfully if a court order is passed in this regard. Except to seek the necessary orders from the court there is no other legal recourse available.

3. The biological father alone can give the child in adoption to the adoptive father. 

4. The divorce between you and your first husband does not terminate the legal relationship between you and your daughter. You are now a mother and wife. So you find a place in first as well as second part.
Ashish Davessar
Advocate, Jaipur
18862 Answers
472 Consultations
5.0 on 5.0

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