Biological father consent is must to give child in adoption
2) approach court wherein step son is residing with grand parents
3) approach district civil court in this regard
Declaration Decree
I am a US Citizen and I am trying to Sponser for Immigration benifit for my step son. My wife after taking divorce from her then husband made an agreement with her parents that she is giving her son for adoption to her parents.She did this Just for chaging name of her son and changing his parents names to grand parents names in School Records. But they were all living together till my wife moved to U.S after marring me in 2016. My step-son is a 21 Years old now. Adoption deed she made with her parents never had a signature of the childs father and we explained this through a opinion of Supreme Court Lawyer. Now US Consulate is asking for a Declaration Decree from a competent court stating that "you have provided a legal opinion suggesting the 20002 adoption decree serving the parent-child relationship between the beneficiary and the bilogical mother is not valid. Provide a declaratory decree from the appropriate Indian Court supporting the assertions made in the legal opinion". I would like to understand how do I proceed from here. 1. Which court we need to approach. City Civil Court, District Civil Court, Family Court, high court etc. I see lot of different types of courts. 2. THis rigistration is made in one City and they were living in a different city. Which city do we need to file this. City where this Registar document is signed or the courts in the city where my step son is living with his grand parents? 3. Who need to file this request My wife, My In Laws or my step son? 4. How long does it take.
Asked 2 years ago in Civil Law
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6 Answers
1. Basically the adoption deed what she made to give her child in adoption to her parents without the consent of the biological father is not legally valid.
If she had done it on her own and went ahead to change the names of the parents of the child in the birth certificate also then it is grave irregularity.
However since she is the party to this invalid deed, she cannot file a declaration suit before court to declare the adoption as null and void.
But as the child who was a minor at that time and had become major by age now, can file a suit to declare the adoption as invalid before the civil court within the jurisdiction where he currently resides.
2. If the adoption was made by a registered deed, then her son can give an application to the concerned registrar to cancel the registered adoption deed because it was executed without the consent of his biological father hence it is null and void.
The registrar will return the application without taking any action on this since he do not have power to cancel the deed, therefore based on the rejection of the application, he may approach the court within the jurisdiction of the concerned registrar with a suit for declaration t declare that this adoption deed s null and void and also to direct the concerned registrar to permit her son to execute the cancellation deed to cancel the adoption deed and also a direction to the registrar of births and deaths to change the names of the adoptive parents to original parents' names.
3. Your step son being a major by age, he file the suit independently by impleading his mother, grandparents and the concerned governmental authorities as parties to the proposed suit.
4. Since it is a regular lawsuit, the time taken for disposal cannot be predicted owing to various factors involved in the time taken for disposal, however approximately it may take at least one year
He is biological son your wife who gave him in adoption to her parents and all documents are showing her father and mother as parents. It is not sufficient for you to obtain only decree of declaration that the adoption is not valid. After decree of declaration you need to go for inter country step parents adoption under Adoption Regulation 2017 and Juvenile Justice Act. Only then you son will be eligible of U.S. visa. You will need final Court order approving adoption only then your son will be eligible to file a I-130 petition for IR-2 status under U.S. immigration law and get a visa as dependant for son.
For adoption purpose you need to approach family court or juvenile court depending on the Act you proceed with for adoption. For declaration you need to approach civil Court if the said a matter is earlier not filed in family court.
Any one can do so for filing request
- Legally in the absence of the consent of the biological father , an adoption deed having no value .
1. You can approach the family court
2. The petition should be filed where the child is residing
3. Your wife can file the same.
Dear Client,
It is essential for the biological father to admit to the Declaration Decree of such adoption. One may approach the District Civil Court for such a procedure nearest to Son's residential address.
Thank you.
