Dear Madam,

The following information may kindly be read:

Adoption Procedure for Step Parents - http://cara.nic.in/Parents/Eg_step_parents.html

1. Adoption by step-parent:

The couple (step-parent and one of the biological parents) shall register in Child Adoption Resource Information and Guidance System with the required documents as mentioned in Schedule VI.

Consent of the biological parent(s) and the step-parent adopting the child or children shall be as provided in the Schedule XX (refer instructions in Schedule XX).

In case the custody of the child is under litigation, the adoption process shall be initiated only after the finalisation of the case by the court concerned.

The biological parent and the step-parent shall file an application in the Family Court or District Court or City Civil Court as the case may be, as per format given at Schedule XXXII.

The applicants shall obtain a certified copy of the adoption order from the court concerned and furnish a copy of the same online to the Authority through Child Adoption Resource Information and Guidance System.

1. Legal Procedure:

The prospective adoptive parents, who intend to adopt the child of a relative as defined in sub-section (52) of section 2 of the Act, shall file an application in the competent court under sub-section 2 of section 56 or sub section (1) of section 60 of the Act in case of in-country relative adoption or inter-country relative adoption, respectively, alongwith a consent letter of the biological parents as provided in Schedule XIX and all other documents as provided in Schedule VI.

The biological parent and the step-parent, who intend to adopt the child or children of the biological parent, shall file the adoption application as provided in Schedule XXXII, in the court concerned of the district where they reside, along with consent letter of the biological parents and the step-parent adopting the child or children, as provided in the Schedule XX and all other documents as provided in Schedule VI.

The prospective adoptive parents, in case of inter-country relative adoption, shall file the adoption application in the court concerned of the district, where the child resides with biological parents or guardians as provided in Schedule XXXI.

The prospective adoptive parents shall file an application in Family Court or District Court or City Civil Court, as the case may be.

Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61 of the Act, and regulations 51 to 56, as the case may be.

The prospective adoptive parents shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the District Child Protection Unit for online submission to the Authority.

1. See the court after verifying the custody documents and other documents shall pass an order on your application.

Firstly kindly clarify under what rules and provision you have file for adoption in Court is it under Hindu adoption and Maintenance act or the CARA guidelines and JJ act.

The court considering the facts and circumstances shall accordingly pass an order.

I presume your first husband ie biological father has no objections for your son being giving in adoption 

2) deed of adoption can be executed wherein your first husband ie biological father gives child in adoption to your current husband 

3) deed of adoption should be duly stamped and registered 

Hello,

submit the required document and the court will pass the decree. Also you may visit the website of CARA and see if they can be of some help to you in completing the adoption process.

Regards

Dear Client,

What was the need to approach court. Mere adoption deed was sufficient and since your husband already disowns the child and same is mention in divorce order, his consent was also not necessary.

Court takes it`s own time, ask your advocate to press court for early disposal of matter.

Kindly tell whether the adoption petition is rejected? And on what grounds?

The adoption is not possible as the biological father have to be agree for the adoption and have to provide no objection to give his son in adoption.

After the completion of adoption your son will have no right aunty biological father property along with other benefits that a son can get from his father.

You need to wait for orders if he is delaying to pass the same got van file revision to higher court for directions to pass orders

For adoption consent of biological father is must that is consent from your first husband is must and then adoption deed should be duly registered.

The consent of the biological father for giving in adoption  to the adoptive father is essential, so you may obtain that .

If the court has passed an order to comply with certain requirements to pass a decree in this regard, you may have no excuse that to comply with the same .

1. Yes, you have rightly followed the way to let your husband adopt your child legally.
2. These are the pre-requisites which are demanded by the court of law as to make sure that the child will be saved under his house.
3. But, if mother in law refuses to give the consent then your husband will have to give an affidavit stating that he is not in the same house with mother of law, so need not to have her permission to adopt your son.