The biological father consent is needed for you to adopt the child
2) merely because your wife has divorced biological father ie her first husband does not mean that she can give child in adoption to you .
Adoption of step child
I married a woman who has 2 kids. One boy and a girl. My wife got separated in 2017 with her ex husband. The boy is living with her ex husband. Daughter with my wife since 2017. I would like to be her daughter's guardian bearing my initials going forward. She is 14 years old entering into 10th class from 2026 June. My wife had a very traumatic past with the husband and cannot get his consent for the adoption. Is there a way to adopt the child without the biological father's consent. This is very important for both of us. Thank you. P.S - I can share more details if I get satisfied answer. Thank you.
Asked 10 hours ago in Family Law
Religion: Hindu
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3 Answers
Under the Hindu Adoption and Maintenance Act, 1956 (HAMA), if the biological father is alive and his parental rights have not been legally terminated then his consent is mandatory for a valid adoption. If adoption is done without his consent, it can later be declared void.
However you can approach court to remove his parental rights provided you prove the abandonment to the satisfaction of court and there was no contact for years, there was no financial support, the acts of cruelty that would be danger to the child or that he was convicted for serious offences
You would need to file a petition under the Guardians and Wards Act, 1890 seeking Appointment as guardian and /or restriction/termination of biological father’s guardianship rights
The court’s decision will be based on “welfare of the child”, which is paramount.
Under HAMA a child above 15 years generally cannot be adopted, unless there is a custom permitting it. Since she is 14 now, you must act before she turns 15, otherwise adoption becomes legally complicated.
You need to file a case for adoption as consent is required for the biological parent. But in some rare exception if a single care giving parent is ready and order has some issues as stated in your story court can waive rye said substantive requirements on exceptional condition
