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A mother got separated from her child due to a road accident. years later she found her child but the child is adopted. Can the mother revert the adoption since the adoption was done without her knowledge or approval?
Asked 3 years ago in Family Law
Religion: Hindu

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10 Answers

What is age of child 

 

welfare of child is paramount consideration 

 

wishes of child would be considered 

 

chances of adoption being set aside are bleak 

 

 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

File writ petition in HC to set aside adoption 

 

enclose documentary evidence that mother has accident and child had gone missing 

 

police complaint filed regarding missing child 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

It is mandatory for the consent of the biological mother to have the child in adoption. 

You can file a case under guardian and wards act to retrieve the child taken away by an illegal adoption. 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2495 Consultations

The mother can approach court with a petition to declare the adoption as invalid because her consent was not obtained and to get back the custody of her child. 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2495 Consultations

Inform police whare abouts of child and seek restoration to mother. If mother-son relation is challenged seed DNA test. There cannot be adoption without consent or biological parent/s. Any such adoption is unsustainable under law. Age of child does not matter. 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Hi, she has to file a petition under Guardian and wards act for custody of the child.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

- Mother can file a declaration suit before the court for declaring the adoption deed as null and void.

- Further , if there is no adoption deed is from the court , then the child can go to her birth mother. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear client  once the adoption order has been granted, the biological parents have no legal ties with the child.

Anik Miu
Advocate, Bangalore
11015 Answers
125 Consultations

She can make online complaint in the CARA site and take their appointment. They concern by body members may call all parties and return the child to biological mother.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes she can claim her biological child back

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

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