Need for child adoption may arise for various reasons. The husband or wife, who were normal and fertile at the time of marriage may subsequently become infertile due to administration of wrong drugs, accident, physical illness or unsoundness of mind etc.
A Hindu woman can adopt a child if she is domiciled in India and is either unmarried or a widow or a divorcee. If she is married, only her husband has the capacity to adopt a child under HAMA, she has no capacity to do so. With some exceptions which are given below:
a) If husband has been declared to be of unsound mind by a court of competent jurisdiction
b) If husband has completely and finally renounced the world
c) If husband has ceased to be a Hindu.
Adoption is like removing a tree with its roots from one place and planting it at another place. After adoption, the adopted child loses all its ties with the natural family and is treated like a born child in the adoptive family.
Under the HAMA, adopted child is deemed to have been born to the adopting family on the day of adoption for all legal consequences of adoption.
1. Is it confirmed that the mother’s name can be changed on birth certificate if adoption deed is done in favor of my current wife’s name?
If adoption deed is legally executed then this intended changes can be incorporated. If there is no proper adoption taken place, then the wife can be considered as step mother to the child and will not be entitled to have her step mother's name in the birth certificate instead of her biological mother's name.
2. The adoption will be done under HAMA or Ward and guardian act? as I read that a married woman cannot adopt a child. Please clarify
The provision of HAMA in this regard has been given above, you may read t once again.
3. Can you please throw some light on the process of how adoption deed can be signed and registered? Will the adoption deed be signed privately and then registered in court or do we need to get in front of judge to sign it? I am confused on this part. Please explain.
Registration of adoption deed or any deed shall be done in the presence of registrar in the registrar's office only and not before any court.
4. Please do provide format for the adoption deed.
You may engage the services of a document writer or a local advocate for this purpose.
5. whats the process of changing the name from birth and death registrar? Someone told me that its not possible to get it changed in Punjab. Is there anything specific to state?
The registered adoption deed along with an application to incorporate the desired changes can be tendered before the registrar of births and deaths.
For availability of this facility in Punjab, you may verify it from local registrar's office because the local laws also applies to this.