Biological father has absolute right to custody of child. They can adopt the child reinitiating procedure of adoption under JJ Act and Adoption Regulations, 2017 but only with consent of biological father. He has to submit Form XIX of Adoption Regulations.
Adoptive parents arrested for child trafficking
The adoptive parents raised their daughter for 2 years, and suddenly one day they are arrested for child trafficking and are accused of illegally purchasing the same child from an NGO. The couple believed they had no idea and were framed in this racket. The child's custody was taken away from them, and now they are fighting for her custody. They treated her like their own daughter. Nobody in society had any idea that the child was adopted. Finally, they are given permission to adopt the child using the Juvenile Justice Act. But as luck would have it, the CARA was able to find the biological father of the child and now he wants to have custody of the child as during her birth he was told by the nurse that her daughter died with her mother. He believed her daughter was dead until this news came through. Now, who will be given custody?
Asked 2 years ago in Family Law
Religion: Muslim
13 Answers
Biological father would get custody of the daughter
2) you would not get custody of child
The CARA's statement that the biological father had claimed the child is to be proved before court.
Besides he may be subjected to prove the paternity by undergoing DNA test.
You have a valid adoption deed, hence you can challenge the same properly based on the documentary evidences in your support.
- As per Muslim law, Islam does not recognize adoption.
- Further, in the case of Mohammed Allahabad Khan versus Mohammad Ismail , Allahabad High Court held that there is nothing in the Mohammedan Law similar to adoption as recognized in the Hindu System.
- However an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act.
- Hence, in the absence of a court order , the custody of the daughter will go to its natural guardian.
Dear Client,
biological parents cannot get their child after the adoption orders were given to the adoptive parents. but in this case, as father did not know that his daughter is alive and in the custody of the adoptive parents, he can file for her custody in the competent court.
It will be decided by cara on merits.
The adoptive parents used the Hindu adoption and maintenance act to adopt the child. Later, when they were arrested, they got to know that the child's biological parents are Muslims. The NGO ran a racket where they used fake parents and papers to hand over the custody and also made the adoptive parents meet them. The NGO guy was arrested and the adoptive parents got bail in the case, but the child's custody was not given as the Hindu adoption law doesn't recognise a Hindu parent adopting a Muslim child. Later, after fighting for custody, the court allowed them to adopt the child using the Juvenile Justice Act. Later, CARA was able to find the real biological father. Now, he too wants custody of the child. Who will get the custody? This is not a real case, asking for some research purpose. Please do help. Thank you
Asked 2 years ago
The court will decide the case considering the welfare of the child which is paramount.
If the opines that the child would be taken care by the adoptive parents properly then the court may use its discretionary powers.
However the adoption is invalid as per law because it was not followed by the proper provisions of law.
The adoption of a Hindu child alone under HAMA is permitted and not child belonging to other religion.
For valid adoption among Hindus there has to be giving and taking ceremony
if adoptive father is Muslim the child cannot be given adoption to him
biological father would get custody of child as he has never given the child in adoption
It will be decided by cara after deciding the welfare of children
Dear Client,
Biological father can claim for the custody of the child in the court challenging the adoption ordered to the adoptive parents under Juvenile Justice Act.
- Hindu adoption procedure will not applied in case of Muslims , and hence that adoption is invalid .
- Adoptive parents should lodge a compliant for his safety in the case , against the NGO for the offence of cheating and making forged documents
- Biological father only having his right to get the custody , and only with the consent of him the adoptive father can get the custody.
The biological father has exclusive right over the custody of child.
though this is a fictional case
but it is very unlikely that the real father on learning that her baby was born dead, did not make inquiries about the dead body of the baby and did not also perform any last rites of the baby
he seemed to have been ok with the fact that her baby was dead
in reality a caring father would obviously ask the hospital to handover the dead body of the baby to him so that he can perform his last rites
it would have been another case when the baby died in the mother's womb itself. but your description does not say that
so considering the above and the fact that the adoptive parents have been taking care of the child like their own daughter, the custody of the child should go to the adoptive parents, because ultimately what the Courts look at is 'the welfare of the child'
the welfare of the child would not be secured by a father who did not even bother to claim the baby's dead body upon learning that she was born dead
