• Adoption

We are hindus. We have adopted the child under HAMA. We gave registered the adoption deed before sub registrar. Is it necessary to register it before cara and whether it is necessary to get declaration of adoption deed. If so before which court we have file case. And how to incorporate our name and child name in the birth certificate. If so before whom i have to file
Asked 6 years ago in Family Law
Religion: Hindu

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11 Answers

1) kindly clarify whether you have adopted child from relative 

 

2) if so registered adopted deed should suffice 

 

3) you can apply to district court for declaration 

 

4) on basis of adoption deed apply to muncipal corporation for adding your name in birth certifcate of child as adoptive parents 

Ajay Sethi
Advocate, Mumbai
100033 Answers
8167 Consultations

No it is not mandatory to take declaration before the court also it is not necessary to register before the CARA authority. Birth certificate cannot be changed it shall have name of the biological parents only.

In case you want to get declaration you can file before the civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No, if direct adoption form parents/guardian - CARA registration dose not require. To adopt orphan/surrender etc child, CARA registration requires. No declaration require. 

Biological father name will not change in BC. On other documents, your name will follow on the basis of adoption deed.

Can apply for name change in BC, if refused - can try by way if Writ in High Court.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes you need to register it before cara. It can be done in juvenile justice Act Or guardian and wards Act depending on the circumstances of the matter

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

Yes you have to make your registration before CARA office however you have registered the adoption.CARA  is the regulatory authority in this regard and no adoption is complete until and unless you get your registration complete with CARA.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

First adoption parents has to apply in the CARA then government agency will approve via their community body and than the application is send to court. After that show court order to CARA.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

Parents adopting a child under the Hindu Adoption and Maintenance Act (HAMA) could soon be required to mandatorily register the adoption with country's apex adoption body as part of efforts to check trafficking, a senior government official said.

Prospective parents can adopt a child under the stringent Juvenile Justice (JJ) Act, 2015. Additionally, Hindus, Buddhists, Jains and Sikhs have the option of formalising an adoption through the 60-year-old HAMA.

Officials say that while the JJ Act has provisions for verifying the source of the child as well as a thorough background check of the prospective parents, these pre- requisites are missing from HAMA, thereby, allowing many to take advantage of its loopholes.

"The ministry of women and child development has prepared a draft Cabinet note proposing an amendment to HAMA in order to make it compulsory for parents to register with the apex adoption body, Child Adoption Resource Authority (CARA)," a ministry spokesperson said.

The note is being circulated among the ministries of finance, home affairs and law and the Prime Minister's Office, before it is taken up by the Union Cabinet, the official said.

"Adoption under HAMA is very simple and two Hindus can exchange a child after filing a deed. We did a sample check and discovered that the number of adoptions under HAMA is too high and we suspect that a lot of these involve trafficked children," the spokesperson said.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

you will have to file suit before district court for declaration that the Adoption Deed executed by the petitioners and the natural parents of the child as valid and legal.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

- As per the Hindu Adoption and Maintenance Act, if the party is willing to adopt a child they have to make an application to a child welfare agency.

- The registration of adoptive parents and child can be done by the agency certified by the Central Adoption Resource Authority in New Delhi.

- After the adoptive couple decides which child they want to adopt they have to file the petition under the act and the court starts the hearings and finally decree would be passed for adoption. 

- Further, if the adoption is from the parents , then CARA registration is not mandatory. 

- After getting the decree from the court, you can apply /change the name in birth certificate & other documents . 

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

1. Yes you should register the adoption with CARA.

2. Declaration is not mandatory after registration with CARA

3. Apply for name addition in birth certificate in office of sub registrar birth and death if they refuse to make change in birth certificate then you need to file suit before court for mandatory injunction against birth registrar. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

It is not necessary to register the adoption deed once again before cara.

You may file a suit for declaring the registered adoption deed as valid.

After court decree, you can give an application to the concerned births and deaths registrar seeking to delete the names of the biological parents and to record the names of the adoptive parents by annexing the copies of the registered adoption deed and the court judgment.

The court shall be within the jurisdiction where the adoption deed was registered.

 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

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