• Adoption Deed

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?
Asked 5 years ago in Family Law
Religion: Hindu

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11 Answers

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

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

 

 

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 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Hello, 

  1. You need to move a Write Petition in the State High Court seeking urgent directions to the Tehsildar. You can get the petition expedited given the circumstances. 
  2. You need to tell the Court about the circumstances. In an adoption the consent of both the biological parents is required. As the father is in jail on charges of rape,  it becomes a special case as a decision needs to be given by the Court as the child was not born by the consent of the mother. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Biological mother is not your relative 

 

in such cases biological mother should obtain court orders to give child in adoption 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

If the party is in prison then unless he is represented by government authority the deed can not be registered. 

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

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. 

Gopender
Advocate, New Delhi
383 Answers

Hello,

  1. Adoption whether private or not is governed by certain rules that need to be adhered to you for the safety of the donor parents and the adopting parents. Therefore even if no agency is involved, the Tehsildar that represents the government cannot flout rules.
  2. The only way to deal with the tehsildar is to get an order from the court.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

- If the biological mother of the child is traceless , then you should get a written consent from the accused father who is behind the bar . 

- If not possible , then file a declaration suit before the court after submitting the proofs of having child with you since long time. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

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