• Adoption of child

Respected Sirs,
1.	After my remarriage, my husband is willing to adopt my son, and my ex-husband agrees. What is the process for adoption? Someone suggests us making an Adoption Deed.
2.	We all live in the UAE (my husband, my son, and myself) and biological father is in Pune. 
3.	My divorce decree grants me full custody of my child, with the father having visitation rights once a month.
4.	How long will the adoption process take?
5.	I am from Pune, Maharashtra. I am searching Advocate to do this work. 
6.	The biological father is Christian, while my son, husband, and I are Muslim.
7.	We need this deed for my son's passport. His current passport does not list his father's name. Can this deed help us add his stepfather's name?

Kindly advise.
Asked 17 days ago in Family Law
Religion: Muslim

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7 Answers

Adoption is not permitted in the personal laws of Muslims in India, and hence they usually go for guardianship of a child through the Guardians and Wards Act, 1890.

In short, Islam does not recognize adoption. Muslim couple can adopt a child from another muslim couples who must be the natural parents of the child to be given under adoption. If muslim couple wants to adopt a child from an orphanage, then Islam does not permit to do so

Adoption is a subject matter of personal law since it is a legal affiliation of a child. Similar to Muslims and Parsis, Christians also can adopt a child from an orphanage with the permission of the concerned court under the Guardian and Ward Act, 1980. Under the Act, a Christian can only take a child for foster care.

In a landmark judgment, the Supreme Court on Wednesday ruled that any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of religion he or she follows and even if the personal laws of the particular religion does not permit 

The JJ Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption. It is akin to the Special Marriage Act 1954, which enables any person living in India to get married under that Act, irrespective of the religion he follows. Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute,

Till now Muslims, Christians, Jews and those from the Parsi community only had the power of guardianship in which one possess only legal right on the child till he or she turns an adult. The biological parents have a right to intervene during that period.

 

Therefore you can consult an experienced lawyer in Pune and proceed with the proposed adoption asthe provisions of  JJ act

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

There is no concept of adoption among Muslims 

 

your husband cannot adopt your son 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

Dear Client,

1. The process for adoption in India involves filing a petition in the court where the adoptive parents reside. An Adoption Deed is a legal document that can be drafted to formalize the adoption, but it must be approved by the court to be legally binding.

2. Since you live in the UAE and the biological father is in Pune, you may need to coordinate with an advocate in Pune to handle the legal proceedings. Both biological and adoptive parents must provide consent for the adoption.

3. The adoption process duration can vary, but it typically takes several months. The court will review the case to ensure that the adoption is in the best interest of the child.

4. To find an advocate in Pune, you can search online legal directories or seek recommendations from legal associations. Look for an advocate experienced in family law and adoption cases.

5. The religious difference may complicate the process, but since you have full custody and the biological father agrees, it should be manageable. Ensure the advocate is aware of these details to address any legal nuances.

6. An Adoption Deed, once legally recognized, can help in updating your son's passport to include his stepfather's name. The deed should be presented to the passport authorities along with the necessary court orders and documents.

Anik Miu
Advocate, Bangalore
9403 Answers
112 Consultations

4.9 on 5.0

Adoption deed execute and register at sub registrar office. You have full custody of child so ex husband consent may not be needed. 

You can register it at Indian Embassy. 

Yogendra Singh Rajawat
Advocate, Jaipur
22780 Answers
31 Consultations

4.4 on 5.0

It can take a year long process atleast to complete all formalities

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

- The Muslim Law does not acknowledge a complete adoption, and only adoption can take place petition under the Guardian and Ward Act.

- Since, your ex-husband has visitation right then his consent is needed for changing his name in the documents of son. 

- However, after getting the decree from the Court under the Guardian and Ward Act , your husband can apply for substituting his name.

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

1. You shall have to register an adoption deed wherein your present husband will adopt your son.

 

2. Your earlier husband being the biological father of your son shall have to give written consent for the above adoption and he might also sign as an witness in the said adoption deed.

 

3. After the adoption is over, you can take steps to amend your son's passport substitution the name of his father with your present husband with the help of the adoption deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27263 Answers
726 Consultations

5.0 on 5.0

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