If thesildar is not issuing the same to you. You need to approach high Court in writing petition to provide directions. You can again initiate the adoption procedure now under the guidelines or provision of special Act
We have adopted a baby boy at birth in Himachal Pradesh from a girl who was minor when she conceived but over 18 years when she delivered. The concerned guy (biological father) is in prison on the rape charges. Now we are not able to get the adoption deed done as the tehsildar is not willing to sign the same saying it's a special case and needs direction from the State High Court. We need a birth certificate with our names as we are not are not able to travel back home (that is Bangalore). Could you please guide us in this matter?
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If thesildar is not issuing the same to you. You need to approach high Court in writing petition to provide directions. You can again initiate the adoption procedure now under the guidelines or provision of special Act
In this case kindly take help of CARA and take order from court. Visit website of CARA and fillup online details. CARA is government agency.
1) if biological mother did not want the child she should have surrendered the child and child welfare committee has to declare child is legally free to be given in adoption
2) Surender deed has to be executed by biological mother
3). Child can be given in adoption the Roth specialised adoption agency
Hello,
Thank you very much for you answer however, this is a private Adoption, and the agencies are not involved in this. All the parties agree with the adoption. We are seeking an understanding on how to deal with the Thesildar, who is not ready to register the Adoption Deed.
Biological mother is not your relative
in such cases biological mother should obtain court orders to give child in adoption
If the party is in prison then unless he is represented by government authority the deed can not be registered.
Immediately file RTI application in office of tehsildar, asking him to give provision or objection regarding the adoption of the child. mention in the RTI application that you need this information for filing petition in High Court. he will give you the solution himself. if he did not give any solution then he will reply in RTI and you will get the direction.
in case it doesnt work then engage a local advocate to file petition in district court.
Hello,
You can get a a NOC as well as an authorisation letter from him through jail authorities expressing his no objection and also his consent to his wife to execute the registered adoption deed, duly signed by him before the jail authorities.
If this is not possible, she may file a execute a unregistered adoption deed by herself giving in adoption of her child to adoptive father and file a suit for declaration to declare the adoption as legally valid and direction to the concerned registrar authorities to register the unregistered adoption deed.
The Tehsildar is not the authority to register the adoption deed.
It is the sub-registrar who is the authority to register any kind of document.
You may follow the procedures as advised in my previous post