• Adoption

I have legal custody of my son, and now i am married and my new husband want to adopt my child. Do i still need my ex husbands signature for adoption ?
I have legal and sole custody of my son through court.
Please advice.
Asked 6 months ago in Family Law
Religion: Hindu

2 answers received in 1 hour.

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9 Answers

You have been custody of your child and not that you have been given rights of your child to you.

Your ex-spouse is the biological father of child hence to give your child in adoption to your current adoption, your ex-spouse's permission/consent is essential, in fact he has to execute the adoption deed before the registrar for registering the adoption deed as well as he has to confirm his willingness before court of law  to give your child in adoption to your current husband in the declaration suit to declare the adoption as legally valid.



T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

No there is no need of any sign from him. If boy is your

 legal son then he will automatically become his son after marriage with you. 

Advocate, New Delhi
384 Answers

4.9 on 5.0

Yes, the custody court belongs the rights towards you and not in favour of your present husband. 


If you want to get rights transfer as a father, then biological father should sign proper adoption paper and transfer the rights to adoptive father.

Ganesh Kadam
Advocate, Pune
12202 Answers
154 Consultations

4.9 on 5.0

Consent of biological father is must for giving child in adoption 


2) mere having custody does not mean you can give child in adoption 


3) approach biological father to execute deed of adoption so that child can be given in adoption 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

Yes your new husband can move an application for adoption before the court of law, your husband must mention that he wants to parent the child and not take away the child from the last person who has custody. 


After that you need to move your no objection stating that you and Your husband together wants to parent the child and you already have legal custody of the child. 


After which court may pass an order in your favour, as you have legal custody and court finds that a guardian always takes good decision for his child. 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

As Ex is biological father, his consent is necessary. You have the register with CARA first. After registrar approach District Court for adoption order. The procedure  is called step parent adoption. There are Adoption Regulations laid by Central Government for adoption by step parents.

Ravi Shinde
Advocate, Hyderabad
1494 Answers
18 Consultations

5.0 on 5.0

Dear Client,

If your husband has no legal rights with regards to the child as per Divorce Degree then you need not tale his permission or otherwise you have to take his permission.

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

Dear Ma'am,

As you ex- husband is also natural guardian, thus his consent will still be needed to get your son adopted by your Current husband.

Thank you

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

- As per Section 9 of the Hindu Adoption and Maintenance Act , No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.

- Further, the father or the mother, if alive, shall have equal right to give a son or daughter in adoption:

- Hence, the consent of your ex-husband is need for giving adoption to new husband. 

- Since, you having sole custody , then on this ground you can approach the court for getting adoption to your new husband without taking consent of prior one. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

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