• Adoption

I have filed divorced in 2018. But not able to serve divorce notice as my husband was not there at current address. He illegally stay in USA and I do not have his USA address or any contact details. He once call my daughter and we came to. Know that he is in USA. Eventually he agreed for mutual consent divorced but he put conditions to give child custody to him. My lawyer advised to give custody on paper. We wrote in agreement that after divorce decree order we will give him custody. But now divorce decree is order but he is not taking any step for physical custody. And my daughter is not ready to go with her father. 
Now I want to marry one of uk citizen. We both want to take my daughter with us to uk. She is currently 17 years old and will enter in 18 on September 2021
My lawyer advice to first register our marriage and than go for adoption process by my new husband. But my question is will I need his biological father consent for this? 
My lawyer said he is not coming for physical custody and even child is not ready to go with her father. And if he will challenge adoption process you will get her custody and adoption will be done
Pls guide as I have only time upto aug to process my daughter visa after September she will be 18 and I can not take her with me.
Asked 1 month ago in Family Law
Religion: Hindu

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7 Answers

Dear Client,

First you have to register your marriage in India than do a registered Adoption Deed.

Jaswant Singh
Advocate, Gurugram
903 Answers
2 Consultations

4.8 on 5.0

You need biological father consent for giving child in adoption to step father 

 

2) as per mutual consent divorce decree your husband has been granted child custody 

 

3) further child over 15 years of age cannot be given in adoption un,was there is custom in your community to that effect 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

Hello,

  1. You will need the consent of the biological father to adopt the child along with the new person you are about to get married to. As he is not taking any steps for physical custody you can inform him to provide his consent in writing through an Affidavit. If he is refusing, despite your daughter's refusal to join him, you can send him a letter either physical or electronically informing of your decision to adopt the daughter and seek his consent in email.
  2. You may then register your marriage with the person in UK and get the adoption of your daughter registered stating that your former husband has abandoned the child and has refused to take custody as agreed during divorce and you are under compulsion for her welfare to adopt her under circumstances.
  3. Alternately, you must move a Writ petition in the High Court, get it expedited and get an order to the effect that the biological father has abandoned the child after divorce and you are taking control and adopting the child with your new husband. 

S J Mathew
Advocate, Mumbai
3114 Answers
125 Consultations

5.0 on 5.0

Make application to family court seeking custody of your child on grounds that father has not bothered to come to India to take custody of child 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

Id your daughter is not ready, he can not claim custody.

Jaswant Singh
Advocate, Gurugram
903 Answers
2 Consultations

4.8 on 5.0

The child cannot be given in adoption to your second husband without the consent or by executing the adoption deed by it's biological father. 

If you are afraid that you cannot take the child abroad after she turns 18 years of age you may take the child now itself with you. 

However you may face immigration issues if you intend to take the child with you to abroad without the custody of the child given to you by the court. 

In that case you may issue a legal notice to him demanding him to execute a registered adoption deed to the adoptive father. 

Let the notice return undelivered stating the addressee not available,  you can issue a notice through newspaper to this effect giving one week time.

If he's not turning up then you can give the child in adoption to your second husband by executing a registered adoption deed. 

After that you can proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

In the given situation you can follow the procedures as suggested in my previous post. 

You may discuss the matter with a local advocate at length for more clarity.

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

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