• Adoption of my wife's son

Hi All,
Greetings of the day
I am married to a separated girl with a 5 yr old son. I am Hindu and she is Christian. I am trying to change my name as his father's name in all his documents. My wife's ex-husband signed an agreement while getting divorce, stating that, their son can stay with his mother and he don have any rights on him though she get married also. The agreement is duly signed by both of them, witnessed by their parents and attested by notary as well. My wife's ex-husband is already remarried to a another girl. Now my question is,
1. Shall I prepare a adoption deed referring to the above mentioned agreement?
2. As he already signed an agreement, still we need to get his consent for adoption?
3. If so, is there any other option to get it done without his consent, as we don't want to trap into a problem, as he may claim for the child just to disturb our life.

Awaiting for your valuable suggestion.

Thanks in advance

Regards,
Rajan
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

1. Divorce through such agreement has no legal validity.

2. A proper divorce decree from the court has to be obtained wherein the custody of the child is settled in order to get your name in place of biological father name.

3. His consent is mandatory and moreover divorce decree is mandatory 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

See step parent adoption in your case shall be through the CARA guidelines for same stable marriage of two years is required then with a court order you can adopt the child legally. The complete procedure is as under.

http://cara.nic.in/Parents/Eg_step_parents.html

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

It is necessary take consent from biological father for adoption.

The following information may kindly be read:

Adoption Procedure for Step Parents

  1. Adoption by step-parent:
  2. 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.
  3. 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).
  4. 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.
  5. 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 atSchedule XXXII.
  6. 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.
  7. Legal Procedure:
  8. The prospective adoptive parents, who intend to adopt the child of a relative as defined insub-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.
  9. 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.
  10. 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.
  11. The prospective adoptive parents shall file an application in Family Court or District Court or City Civil Court, as the case may be.
  12. Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61of the Act, and regulations 51 to 56,as the case may be.
  13. 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.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear Client,

Through adoption only you can become absolute guardian of child. And his mother solely can give the child in adoption. Copy of agreement will attach.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1) husband consent is necessary for adoption 

 

2) there has to be giving and taking ceremony 

 

3) deed of adoption has to be executed 

 

4) in your case child is not hindu and would not be governed by provisions of hindu adoption and maintenance act 

 

5)  Hindu adoption act applies when any child, legitimate or illegitimate, both of whose parents are Hindus,
Buddhists, Jainas or Sikhs by religion; 

Ajay Sethi
Advocate, Mumbai
94524 Answers
7486 Consultations

5.0 on 5.0

Hello, 

  1. You can prepare an Adoption Deed making reference to the stated agreement,  however that will not waive off the need for consent of the biological father. 
  2. Consent for adoption is required from the biological father as the agreement relates to custody of the child. 
  3. There is no other way. You have to get his consent in an affidavit. 

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

CARA is a central government body which monitors and regulates all adoptions in India.

Earlier, only an orphan or abandoned or surrendered child was allowed to be adopted. Now the government has expanded the definition of children eligible for adoption to include "a child of a relative and child or children of spouse from earlier marriage, surrendered by the biolgical parent(s) for adoption."

However, in case of "step-parent adoption", the couple including one of the biological parents will have to register with Child Adoption Resource Information and Guidance System.

They also need to get consent of the other biological parent for adoption and file an application in a court to obtain an adoption order.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

you need to execute an adoption deed and take the permission and order through competent court in this matter

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

adoption requires the consent of both biological  parents without consent adoption is void and null. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

permission/consent of the biological father is mandatory for adoption along with an adoption deed

 

 

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

Dear Sir,

 

- Just to share in short, you shall require to take the consent of biological father in any case with adoption ceremony. As the biological father shall cease his all rights in ceremony pertains to future relationship and properties matter.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

1. You cannot substitute your name in place of the name of biological father. The biological father may have renounced his rights on his son, but the biological cord between the father and son subsists for all legal and practical reasons. The son still continues to be a Class 1 heir of his biological father.

2. The son of your wife cannot be adopted unless his biological father executes the adoption deed in your favour.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.  The adoption deed can be prepared bu t not on  the grounds mentioned by you.

You may have to obtain the consent of the biological father to take his child in adoption even though the custody is given to his wife.

2. Yes.

3. Legally there is no other option than to get the adoption deed registered without the consent of the biological father's consent

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

1. Your wife shall have to register an adoption deed in your favour.

 

2. While registering the said adoption deed, you shall have to produce the evidence of the consent given by your wife's ex-husband.

 

3. The usual way is that both your wife and her ex-husband shall sign the said adoption deed in your favour..

 

4. In case he is unable to appear for signing the adoption deed before the Registrar while registering it, your wife shall have to produce an affidavit from her earlier husband affirimg his consent for the said adoption of his biological son.

Krishna Kishore Ganguly
Advocate, Kolkata
27195 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

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