1. It would take around 1 yr

2. No, his presence is not really required 

3. Documents you have will work

4. Yes

Adoption is not permitted in the personal laws of Muslims,

2) your husband can apply for guardianship of a child through the Guardians and Wards Act, 1890. 

An attested nikahnama is sufficient but it has to be registered before the registrar of marriages. That registration certificate is what you will have to produce.

It may take a few months given the lockdown issues. You need to have a divorce decree based upon the divorce. Yes he has to be present.

Madam,

As you are aware, you have to register yourself with CARA for the adoption process and the said process may be completed within one year or so. You are suggested to get the consent from the ex-husband in the form of affidavit. The work of affidavit may be completed within one or 02 days. The registration process with CARA will be also done in one day and for that you are required to submit the custody as well as divorce papers, current marriage certificate, the income status (job related documents of husband). For the purpose of registration, your husband is not required but he is required to be present at the time of  final working/documentation in this regard.  

You have to apply to court for sole custody of your child and permission to take child abroad 

Madam,

The detailed Process is already given in previous reply.  

You have to make application to family court for custody of your child and for taking child abroad 

2) rely upon notarised agreement executed with husband 

3) your Khula can be registered with sub registrar office 

Process takes atleast 2 months.

His physical presence can be dispense if he can give POA to you to give child in adoption.

At least obtain nikah nama. 

For full custody of child, you have to file petition in court where your husband will give no objection and surrender her right on child.

For free travel of child, court order is must of sole custody.

Divorce decree dose not require if husband surrender his right on child in court and court pass full custody to you.

A divorce decree has to be obtained and you should apply for custody of the child. If the husband is ready and willing to give you custody then it will be a mere formality.

It may take some time after application and consent of the parent

No your presence is enough

Yes you may require that custody papers and divorce decree. 

Yes current marriage documents os needed

- As per Personal laws of Muslim, the adoption is not permitted , and a person who desire to adopt a child can take the guardianship of a child under section 8 of the Guardians and Wards Act, 1890.

- Further , the custody of a minor child in Islam is called Hizanit, which literally means the care of the infant.

- Further, a s per the Shariat law , the father is considered to be the natural guardian of his children irrespective of sex, but the mother is entitled to the custody of her son till the age of 7 years and of her daughter till she attains puberty.

- Hence, your present husband should apply before the Guardian Court /district judge in Delhi, for getting custody of the baby child. 

- Since, he is in USA , hence he can attorn any relative in India for the same after executing POA , and his presence is not mandatory legally. 

- Your Nikahnama with new husband is enough for the same. 

- Your & earlier husbands presence may be need for getting full custody . 

Dear client, adoption deed will be completed on the same day. You may register aur you may get it notorised only.

1. Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development, Government of India. It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions. CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.

CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated /recognised adoption agencies. You may want to read Rule 4 of Adoption Regulations, 2017, which deals with eligibility of a child for adoption, which is reproduced below for your ready reference:-

4. Child eligible for adoption.- The following shall be eligible for adoption, namely:- (a)any orphan or abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee; (b)a child of a relative defined under sub-section (52) of section 2 of the Act; (c)child or children of spouse from earlier marriage, surrendered by the biological parent(s) for adoption by the step-parent.

2. In terms of rule 4 extracted above, if the biological father of child consents to adoption then adoption can take place in few days time.

3. The consent of biological father has to be reduced to writing through adoption deed.

4. CARA may require you to register your current marriage before approving the adoption.

1. Since the court has granted him visitation rights there cannot be a fresh order now by the court to revoke the said order unless a joint application to this effect is filed by you and him in the competent court.

2. If your marriage has been dissolved according to Muslim personal law then you do not require a decree from the court.

File a petition under Guardian and Wards Act for custody 

1. Adoption of every child requires them to be declared legally free for adoption through Child Welfare Committee under Juvenile Justice (Care and Protection) Act,2015. The process usually takes at least two months to complete. 

2. Yes, since he is the person taking your child in adoption, he need to be present.

3. You may go through  the provisions in this regard to carry all those documents that are necessary for effecting this adoption.

4. Not necessary, the nikahnama and the talaqnama may be sufficient to prove your marriage besides the birth certificate of your child.

Custody is different from relinquishing the rights on the child by giving the child in adoption.

The full child custody given to you alone will not entitle you to take the child abroad as you feel like, the biological father is the natural guardian, until he gives the child in adoption, he can very well object and restrain you from taking the child abroad. 

For child custody you may have to file a child custody case in the family court within your jurisdiction.

For seeking child custody you need not have divorced your spouse.

Even without divorce, you can file  child custody case.

However you may have to prove that it is your child by producing the birth certificate before the court competent while seeking child custody.

Adoption is not permitted in the personal laws of Muslims. 

If you have obtained permission custody of the child from then you can take the child to abroad. 

Dear Client, your queries are being answered as follows:

Yes. In all stepparent adoptions, the consent of the other birth parent is required. If that other birth parent's parental rights have been terminated then that birth parent's consent is not required.

1. With regard with the time procedure it usually takes 2 years for the whole process to complete.
2. Yes, for the purpose of adoption the biological parent and the step-parent shall file an application in the Family Court or District Court or City Civil Court in the given format.
3. That for the purpose of registration, Marriage certificate/Divorce Decree/ Declaration from the competent court or affidavit on oath pertaining to divorce in case of divorce governed by personal law where decree of divorce is not mandatory/Death certificate of spouse whichever is applicable.
4. Yes, for the purpose of registration Proof of residence of the biological parent and spouse adopting the child/children along with the proof of them being legally wedded is required and Nikah Nama can act as a proof. You don’t need to register your marriage for this.

Dear Querist

Immediately file a civil suit for a declaration before the family court for a declaration that your divorce with your previous husband has been completed as per sharia. or file a child custody petition before the family court and appoint yourself as guardian of the child, when your ex-husband appear before the court then approaches the court for counseling and settled the matter amicably with all terms and conditions and on the based on your settlement the court shall issue a decree to you for child custody and later on you may draft an adoption deed and registered the same before the registrar and based on these documents you may change the passport details of your child.  

Feel Free to Call

1. It will not take much time to get adoption done once you obtain the consent from your ex-husband.

2. You just have to execute an adoption deed and get it registered.

3. Yes he have to be present in India for registration.

4. Yes you need to register your marriage.