• Adopted child rights

Hi sir,

I am an adopted son within family and right now 28 years old. I was given to their relatives without any legal documentation when I was born and came to know late. Now if I get married should I have to give my birth parents any royalty according to Indian law? What are my legal right? I don’t want anything from them but before marriage I have to make sure I don’t have any legal issues because of this

Thanks,
Siva Kumar Govindan
Asked 5 years ago in Family Law
Religion: Hindu

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10 Answers

You don't have to give any royalty to them. Only if they seek any maintenance for their living you need to take care of it

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

In which name you have been bought up by adoptive parents name or biology parents name. If you have all your documents in the adoptive parents name then you not face any issue from your biological parents as of now you're above 28 years. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You don’t have to give your biological parents any royalty 

 

2) if there was no giving and taking ceremony performed no deed of adoption executed you have share in biological parents property in case they die intestate 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Dear Siva

As there is no Legal Documentation/registered Adoption Deed executed then there is no adoption.

you should use your adoptive parent's name as I think all your documents are in their name too.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear sir, 

Upon adoption, the adopted child breaks all his ties with his natural parents except the right over property which was vested in him, and is considered as a natural child of the adopted parents. 

There is no concept of giving royalty under Indian Law (whether it is adopted or natural child).

There won't be any legal issues, you may get married.

Best wishes. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Once you have been given in adoption, your ties with your biological family gets severed for all purposes and intents. They have no right on you and vice versa.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- Since, you was adopted without executing any legal documents , then legally you the son of the biological father .

- However, you are not under any obligation to give any royalty to him , except they can ask for maintenance , if they not having sufficient income for their support. 

- Further, you have right to claim over the property as well. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

There is no such thing called royalty in the human relationship.

The royalty aspect is applicable for business transactions or material things.

royalty is a legally-binding payment made to an individual, for the ongoing use of his or her originally-created assets, including copyrighted works, franchises, and natural resources.

Some common examples of royalties include

Book royalties: publishers pay authors for the right to sell and distribute their books. Mineral royalties: companies pay landholders for the right to take minerals from their property.

If there is no proof to prove the legal adoption then you would remain the child of the biological parents only and you may not be able to legally claim any rights over your biological parents. 

If you do not want to claim any rights either from your biological parents or from your adoptive parents, then you can proceed silently with the proposed marriage to the person of your choice and live peacefully without bringing any such issues in your married life for any reason. 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

1. Under Hindu Law an adoption is complete transplantation of adopted child in the family of his adoptive parents, with a simultaneous severance of all legal relationship between the adopted child and his biological parents. Adopted child is for all legal and practical reasons the biological child of his adoptive parents, hence he succeeds to the properties of his adoptive parents in the same manner as if he was their biological child.

2. However, adoption has to take place only through an adoption deed.

3. You continue to be the son of your biological parents for all legal and practical reasons as your adoption was not evidenced by an adoption deed.

4. You are bound to pay maintain your parents if they are not self sufficient. The concept pf paying "royalty'' to parents is alien to Indian law.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

if you were legally given and taken in adoption then you have all the rights with the adoptive parents and you have no right or duty towards your biological parents.

Gopender
Advocate, New Delhi
383 Answers

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