• Adoption from known people

Hello, What is the procedure to adopt a child from a known family from a village.

1) From known parents of the child
2) from known guardians of the child ( parents no longer alive)
Asked 5 years ago in Family Law
Religion: Hindu

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16 Answers

The procedure is same in either of the circumstances. 

If you adopt from his biologucal parents then registered adoption deed is fine. 

If from guardians then take permission from court under Hindu Guardians and Adoption Act.

Engage an advocate. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

The adoption deed must be made and registered. A lawyer must be engaged who will prepare the adoption deed. 


Consent of father and mother is essential.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You need to execute a adoption deed and seek approval from cara for the same. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You may approach Civil Court for application of adoption of child.

It depends child is Male or female. Rules of adoption is different while adopting Male or female. 

The age of child is also important facts while considering adoption process by the Court.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

If adoption is within your family deed of adoption has to be entered int , giving and taking ceremony performed , register deed of adoption 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

The only difference between adopting from parents of the child and adopting from guardians is that while adopting from guardians you have to seek permission of the court. It must be remembered that if any of the biological parents is alive then apart from a few exceptions (for example if the parents have abandoned the child), only the living parent can give in adoption and guardian cannot give in adoption. It doesn't matter if the people are known or unknown to you.

Adoption under Hindu law is procedurally very simple. Even registration of a deed is not mandatory however it is always advisable to register one as it has good evidentiary value.

 

Having said that, there are several prerequisites that should be kept in mind for the adoption to be legally sound and valid. I will try to objectively state the main conditions for a valid adoption-

  1. All parties i.e the person adopting, the person giving in adoption and the child being adopted, must be hindus. If not adoption has to be done under the secular JJ act following a different procedure.
  2. Adoption may be done by the husband as well as the wife and both will be the adoptive parents but while getting the adoption deed prepared, you must remember that it will be stated that the person adopting is taking in adoption with the consent of the spouse and it must not be stated that you both are adopting together because it would make it legally invalid.(If only one of the parents is alive, or he/she is unmarried then they can take in adoption without anyone's permission).
  3. It will be the same for the person giving in adoption and it will be mentioned that one of the parents is giving in adoption with the consent of the other.(If only one of the parents is alive he/she can give in adoption without anyone's permission)
  4. The child being adopted must be below 15 years and must be unmarried is the general rule.
  5. Needless to say that child must not have been previously adopted.
  6. The person adopting a son must not have a son, grandson or a great grandson alive at the time for adoption and if a girl is being adopted then no daughter or sons daughter must be alive at the time of adoption.
  7. If the person adopting is of the opposite sex of the child being adopted, then the age difference between them must be 21 plus.
  8. Finally there must be physical giving and taking of the child and this must be mentioned in the deed. A ceremony is not compulsory but again a small ceremony and a few photographs of that have good evidentiary value for the future.

These requirements might seem a bit exhaustive or complicated but it is important to adhere to them.

As for the procedure, after seeing that all valid requirements and conditions are met, the adoption can even be done in a closed room with only the parties present and by physical giving and taking of the child, however it is always advisable to have a small ceremony and get a deed registered for evidentiary purposes.

Varun Bhandari
Advocate, Kanpur
86 Answers

Kindly visit CARA site online fill up the details you adoptive parents and biological parents, and adoptive child. further rest of the thing CARA people will process for adoption.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

In both the cases the adoption application have to be submitted to the local commissioner office and than they will review your application and will decide your eligibility for the adoption of the child.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear sir,

As per the hindu adoption and maintenance act 1956 this act applies to anybody who is not Muslim , Christian,  parsi or jews; 

As per section 6 there are some important requisite for valid adoption: 

Person taking or giving a child in adoption must possess the capacity and right to do so and adopted person must be capable of undergoing such adoption once the child is adopted he gets all the rights of born child!!

 

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself.

Court permission will require.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- You should file a petition before the district judge for getting adoption deed of the child. 

- Under section  9(4) of HAMA , Court permitted adoption under following conditions: - 

1. where both the father and mother are dead

2. where both the father and mother have completely and finally renounced the world,

3. where both the father and mother have abandoned the child

4. where both the father and mother have been declared to be of unsound mind

5. where the parentage of the child is not known

- You can file the petition for getting adoption deed , where the adoptive parents reside. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Adoption is servance of Child from its biological parents to the adopted parents,There are certain conditions which must exist before adopting a child age difference etc.
It should be with free consent No Money SHOULD be paid. 
It has to be registered document no plain paper or stamp paper is sufficient.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The parents or the guardians of the minor children have to give in adoption of the children to the adoptive parents bye executing a registered adoption deed. 

Irrespective of their gender or marital status, any person is eligible to adopt. Provided that a couple is adopting a child, they should have completed two years of stable marriage and both should agree for the adoption. 25 years should be the minimum age difference between the child and the adoptive parents.

Citizens of India who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. The child to be adopted must not be more than 15 years of age.

2. The adoption deed has to be executed in favour of the adoptive parents by the legal guardians of the child.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

In all the cases CARA (Child adoption and regulation agency) is the right forum to be approached and everything will be done by them. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. You need to make an adoption deed where biological parents or guardians appointed by court or de facto guardian will give all rights related to child to adopting parents.

2. The adoption deed must be registered with CARA to make it valid. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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