• Adoption within relatives

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?
Asked 3 years ago in Family Law
Religion: Sikh

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9 Answers

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 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

The biological parents need to sign a Deed of Adoption, which has to be subsequently registered, for a successful adoption of a child..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

- 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.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

  1. The person adoption (taking in adoption) must have capacity to do so and shall also have a right to take in adoption
  2. The person giving in adoption must have the capacity (and right) to do so.
  3. The person adopted is capable of being taken in adoption
  4. The adoption is made in compliance with the conditions in Chapter-II of the Act (The Hindu Adoptions and Maintenance Act,1956)

 

  • Under Section 7 and 8 of the Hindu adoption and maintenance act deal with capacity of male and female Hindu respectively to take In adoption
  • Under Section 9, the father, the mother or guardian can give a child in adoption; subject to certain restrictions
  • Section 10 provides for the capacity of a child or person to be adopted.

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. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

In-country relative adoptions:

  1. The prospective adoptive parents shall register in Child Adoption Resource Information and Guidance System and follow due legal procedure as provided in regulation 55.
  2. Consent of biological parents or permission of the Child Welfare Committee, as the case may be, shall be required as provided inSchedule XIX or Schedule XXII respectively.
  3. The consent of the child shall be obtained, if he is five years of age or above.
  4. Affidavit of adoptive parent(s) is required in cases of in-country relative adoptions in support of their financial and social status as per Schedule XXIV.
  5. The prospective adoptive parents shall file an application in the competent court as provided in Schedule XXX.

Legal Procedure:

  1. The prospective adoptive parents, who intend to adopt the child of a relative as defined in sub-section (52) of section 2 of the Juvenile Justice Care and Protection Act 2015 shall file an application in the competent court under sub-section 2 of section 56 or sub section (1) of section 60 of the Act in case of in-country relative adoption or inter-country relative adoption, respectively, alongwith a consent letter of the biological parents as provided in Schedule XIX and all other documents as provided in Schedule VI.
  2. The biological parent and the step-parent, who intend to adopt the child or children of the biological parent, shall file the adoption application as provided in Schedule XXXII, in the court concerned of the district where they reside, along with consent letter of the biological parents and the step-parent adopting the child or children, as provided in the Schedule XX and all other documents as provided in Schedule VI.
  3. The prospective adoptive parents, in case of inter-country relative adoption, shall file the adoption application in the court concerned of the district, where the child resides with biological parents or guardians as provided in Schedule XXXI.
  4. The prospective adoptive parents shall file an application in Family Court or District Court or City Civil Court, as the case may be.
  5. Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61 of the Act, and regulations 51 to 56, as the case may be.
  6. The prospective adoptive parents shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the District Child Protection Unit for online submission to the Authority.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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.  

Ravi Shinde
Advocate, Hyderabad
5127 Answers
42 Consultations

Yes you can do the same but it will need procedure through court. Adoption deed needs to be executed. It will not be a long process but will take some time

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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