There should be giving and taking ceremony
deed of adoption should be executed by biological parents in favour of adoptive parents
it should be duly stamped and registered
My sister has 2 kids one boy one girl . I want to adopt her daughter. I am married but have no kids. Sister and her husband agree to this. My husband and myself also in agreement. Can we have this adoption done under Hindu Adoption Act? How long is process? What documents are required?
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There should be giving and taking ceremony
deed of adoption should be executed by biological parents in favour of adoptive parents
it should be duly stamped and registered
The biological parents need to sign a Deed of Adoption, which has to be subsequently registered, for a successful adoption of a child..
- As per law, a married couple can adopt a child with the consent of both the parents.
- Further, under section 6 of the Hindu Adoption Act, it is necessary to bring on records that there had been an actual giving and taking ceremony.
- You can file an application under section 56(2) of the Juvenile Justice Care and Protection Act 2015 in the competent court i.e. Family Court or District Court or City Civil Court.
- Further, you will have to produce an Affidavit in support of your financial and social status.
An adoption deed, along with the birth certificate of the child, identity proofs of parents giving in adoption and taking it.
You can contact a local document writer and proceed as suggested.
Yes, you may very well adopt. If the child is a male, the adopting mother should be at least 21 years older and if female, the adopting father should be at least 21 years older. A suitable deed of adoption should be drafted by a competent lawyer and registered. Proper ID and address proofs of all parties, natural and adopting parents should be produced.
Dear client,
Yes, you can adopt your sister's daughter under the Hindu Adoption and Maintenance Act (HAMA), as long as both you and your sister's family are Hindus. The process of adoption usually takes several months and involves various steps, including filing a petition in court, conducting a background check, and obtaining consent from all parties involved.
The following documents are typically required for adoption under HAMA:
A copy of your sister's daughter's birth certificate
A copy of your and your spouse's marriage certificate
Your sister's and her husband's consent letters for adoption
A no-objection certificate (NOC) from the child's biological father, if he is alive and not the husband of your sister
Proof of your financial stability and ability to support the child
Any other document that may be required by the court or adoption agency
I would advise you to consult with a local family law attorney who can guide you through the adoption process and help you prepare the necessary documents. The length of the adoption process may vary depending on various factors, such as the availability of the court and the completeness of the required documents.
In-country relative adoptions:
Legal Procedure:
Both biological parents and prospective parents need to first register with CARA. It will take about two months. After that submit an application to DM in Schedule 30 of Adoption Regulations, 2022. If the child is above 5 years, also submit a consent form from the child. The whole process will take about four months.