• My husband has adopted a child without my permission

I am separated with my husband during last 3 yrs . He made a divorce petition 2 yrs ago and case is running at the court. In the mean time, nearly 2 mnths ago, i have heard from one of our closed relatives tht my husband has adopted a child....may be its from orphanage or he has made it by IVF method from his own sperm( i dont know who is the mother of the child). He has done this without my acknowledgement during this separation method. Can i take any legal step?
Asked 5 months ago in Family Law from Chinsura, West Bengal
Religion: Hindu
adoption can be made by your husband only with your consent . adoption is void 

2) Sections 5 and 6 of the HAMA. These provisions read as follows:-

"5. Adoptions to be regulated by this Chapter- (1) No adoption shall be made after the commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and any adoption made in contravention of the said provisions shall be void.
(2) An adoption which is void shall neither create any rights in the adoptive family in favour of any person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth.
6. Requisites of a valid adoption.- No adoption shall be valid unless-
(i) the person adopting has the capacity, and also the right, to take in adoption;
(ii) the person giving in adoption has the capacity to do so;
(iii) the person adopted is capable of being taken in adoption; and
(iv) the adoption is made in compliance with the other conditions mentioned in this Chapt

3) Sections 9(1) and 9(2) of the HAMA are relevant and reads as follows:-

"9. Persons capable of giving in adoption.-
(1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.
(2) Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal right to give a son or daughter in adoption:
Provided that such right shall not be exercised by either of them save with the consent of the other unless one of them has completely and finally renounced the word or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind."

4) the law is very clear that such right cannot be exercised by either of the parents of the child "save with the consent of the other, unless one of them has deliberately and finally renounced the world or has ceased to be a Hindu or has been declared by a Court of competent jurisdiction to be of unsound mind.
Ajay Sethi
Advocate, Mumbai
23364 Answers
1222 Consultations
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You cannot take any legal action for this.

If he has adopted a child then it is his own will and wish.

He has not committed any crime by adopting a child.

There is rule or law that he cannot adopt a child as a single parent

The pending divorce case is not a bar for his idea of adopting a child.

He need not take your consent or permission or NOC to adopt a child.

Did he adopt the child by getting executed a adoption deed duly registered?

Whatever it is, he has not done any crime by adopting a child.

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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Dear Querist 
You may file a suit for declaration before the civil court  to declare this adoption is null and void  because without your permission, the adoption is illegal as per Hindu Adoption act.

Feel free to call 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
He can adopt the child without your consent if he fulfills the conditions for adoption laid down in the law. Since you have not consented to adoption your name cannot be incorporated as child's mother. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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