• Legal documents for private adoption

We want to adopt a child from a parent who are ready to give their child due to their poor financial condition. What are the legal documents required to be registered so that the biological parents can not claim the child later point of time?

Also I will be moving to US after getting the baby. So how to get a birth certificate?

I always heard that in  private adoption where the biological parent agreed to give their child is illegal. Is it so? Will there be any problem if we adopt the child ? Although we are registered in CARA but we can't wait more to get baby allotted from CARA . So please advice on legal documents for private adoption.
Asked 3 months ago in Family Law from Hyderabad, Telangana
Religion: Hindu
Deed of adoption has to be executed by biological parents in your favour 

2) deed of adoption should be duly registeted 

3)however no consideration should exchange hands 

4) tomorrow biological parents can raise the plea that they were  forced to give child in adoption and demand child back 

5) it is better you adopt child through CARA 

6) Every resident Indian prospective adoptive parents, who intends to adopt a child, shall register online in Child Adoption Resource Information and Guidance System by filling up the application form as provided in Schedule-5 and uploading the relevant documents.
7)       The registration shall be complete and confirmed to the prospective adoptive parents immediately on receipt of the completed application form and required documents on Child Adoption Resource Information and Guidance System.
(8      The prospective adoptive parents shall get their registration number from the acknowledgement slip and use it for viewing the progress of their case.
(9    The home study report of the prospective adoptive parents shall be prepared by the specialised adoption agency in the State, where prospective adoptive parents are located, through its social worker or through a social worker from a panel maintained by the State Adoption Resource Agency or District Child Protection Unit, as the case may be.
(10      The home study report shall be completed in the format given in Schedule – 6, within one month from the date of submission of requisite documents and shall be shared with the prospective adoptive parents immediately, thereafter.
11(        The home study report shall be posted in the Child Adoption Resource Information and Guidance System by the specialised adoption agency or District Child Protection Unit or State Adoption Resource Agency as the case may be, as soon as it is complete.
(12)       The home study report will remain valid for two years and shall be the basis for adoption of a child by the prospective adoptive parents from anywhere in the country.
(13)      The prospective adoptive parents shall be declared eligible and suitable by the specialised adoption agency based upon the home study report and supporting documents and in case any prospective adoptive parent is not declared eligible or suitable, the reasons for the same shall be recorded in the Child Adoption Resource Information and Guidance System.
(14)     The prospective adoptive parents can appeal against the decision of rejection to Central Adoption Resource Authority.
(15    The appeal referred to sub-paragraph (9) shall be disposed of within fifteen days and the decision of Central Adoption Resource Authority in this regard shall be binding.
(16   The District Child Protection Unit shall facilitate online registration of prospective adoptive parents, uploading of documents and also for addressing technical difficulties faced by the specialised adoption agencies.
Provided that the adoption of a child by the prospective adoptive parents, after completion of their registration and home study report, shall depend upon the availability of a suitable child.
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
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1. The birth certificate is required to prove the age of adopted child as one who has attained the age of 15 years cannot be adopted. If there is no birth certificate then the birth should first be registered by the biological parents of the child.  Thereafter, the parents will be free to execute a deed of adoption in favour of the adoptive parent(s).

2. Adoption under Hindu law results in complete severance of the legal relationship between the biological parents and the adopted child.
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
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approach court for getting permission for adopting the child. the court will record evidence regarding adoption and allow you to adopt child. 
for birth certificate if the birth is recorderd approach concerned tahsildaar office having jurisdiction.
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
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Hi 
I sincerely appreciate your kind and noble gesture in coming forward to adopt a child. 

Private adoption agreements do not hold any value and are not recognized by law.

However the process of legal adoption is not very cumbersome and hence the required documentation and the procedure for legal adoption are outlined as under :

I) Required Documentation:

1) The Prospective Adoptive Parents (PAPs) should produce following original documents along with two copies on which self attestation is done for undergoing a legal adoption procedure.
A) Any of the following documents as Identity Proof – Pan Card/Passport/Voter Card/Driving License.
B) Address Proof - for example, any of the documents like Ration Card/Aadhar Card/ Electricity Bill etc.
C) Certificate of Marriage
D) The Prospective Adoptive Parents should obtain a Health Certificate from a registered medical practitioner stating that they are not coping with any incurable or contagious diseases or any mental or physical condition due to which they would prove incompetent to take care of the adopted child.
E) A Family Photograph: Recently clicked Photographs of the Adoptive Family (three photographs of postcard size).
F) The self-employed Prospective Adoptive Parents need to furnish an IT Statement for the preceding three years. They have to provide an Income Certificate in case if they are employed in any organisation from that particular organisation along with the date of superannuation.
G) Two Letters of Recommendation are required to be furnished by Prospective Adoptive Parents. These letters of recommendation should be from the persons who are well acquainted with adoptive family and who are not the immediate relatives of any of the any of the Prospective Adoptive Parents.
H) Prospective Adoptive Parents also need submit Financial Statement which should include bank statements for preceding six months, particulars of loans taken and complete details of the moveable and immovable properties owned by them.
I) In case of previous adoption the Prospective Adoptive Parents have to furnish Adoption Decree.
J) If Prospective Adoptive Parents already have a biological or adopted children or child whose age is more than 7 years, they need to take Written Consent from such children or child.
K) Single Prospective Adoptive parents need to provide a Letter From a Close Relative stating that the relative would take care of child in case if any unforeseen circumstances take place.
L) In case of Divorcees (Single Prospective Adoptive Parent), Divorce or Legal Separation Decree needs to be submitted.

II) Procedure: 
a) Filing of Petition: The documentation above mentioned and the child’s documents are sent to the lawyer for preparation of the petition. Once the petition is ready the couple will be called at the court and sign the same in presence of the court officer.
b) Pre Adoption Foster care: Once the couple has signed the petition they can take the child in Pre-Adoption foster care.When you take the child home do understand what are the feeding schedules of the child, eating, playing, sleeping, medicines (if any) & potty habits.
c) Court hearing: You have to attend the court hearing along with the child. This is in front of a judge (generally it’s in chamber and not an open court). The judge may ask you simple questions. Once the judge is satisfied, he will pass the order and will also mention the amount you need to invest in the child’s name.
d) Court order:- Once you have invested the amount and the receipt is shown to the judge the order will be issued. If the adoption is under Hindu Adoption and Maintenance Act then a Deed of Adoption is prepared and the same needs to be registered with the local registrar’s office.

Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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You can contact a local lawyer for the documentation purposes 

2) he woukd draft deed of adoption and help in registration process 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
Submitting legal documents is a part of a Legal Adoption Procedure. 

List of Legal Documents for Adoption:

The Prospective Adoptive Parents (PAPs) should produce following original documents along with two copies on which self attestation is done for undergoing a legal adoption procedure.
Any of the following documents as Identity Proof – Pan Card/Passport/Voter Card/Driving License.

Address Proof - for example, any of the documents like Ration Card/Aadhar Card/ Electricity Bill etc.

Certificate of Marriage

The Prospective Adoptive Parents should obtain a Health Certificate from a registered medical practitioner stating that they are not coping with any incurable or contagious diseases or any mental or physical condition due to which they would prove incompetent to take care of the adopted child.

A Family Photograph.

Recently clicked Photographs of the Adoptive Family (three photographs of postcard size).

The self-employed Prospective Adoptive Parents need to furnish an IT Statement for the preceding three years. They have to provide an Income Certificate in case if they are employed in any organisation from that particular organisation along with the date of superannuation.

Two Letters of Recommendation are required to be furnished by Prospective Adoptive Parents. These letters of recommendation should be from the persons who are well acquainted with adoptive family and who are not the immediate relatives of any of the any of the Prospective Adoptive Parents.

Prospective Adoptive Parents also need submit Financial Statement which should include bank statements for preceding six months, particulars of loans taken and complete details of the moveable and immovable properties owned by them.

In case of previous adoption the Prospective Adoptive Parents have to furnish Adoption Decree.

If Prospective Adoptive Parents already have a biological or adopted children or child whose age is more than 7 years, they need to take Written Consent from such children or child.

You can get an adoption deed executed and registered in your favor by the biological parents. 
After this, on the support of the registered adoption deed you may apply for birth certificate too from the concerned registrar's office. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Will it be legal adoption if I do as mentioned below.

1) Get the adoption deed registered in sub register office
2) Get the court order (SDM office)on validating the adoption.
3) Approach to concerned authority for birth certificate.
If yes please let me know the process and documentations.


After registering the adoption deed with the concerned registrar, you may apply for birth certificate by providing the details of the adoptive parents and copy of the registered adoption deed, you can get the birth certificate. 

As far as CARA is concerned, it is just an agency for this purpose, it is not necessary that you should approach that agency alone for adoption.  You can follow the general rules meant for this purpose. 
The first legal step in adoption is the termination of the parental rights of a child's birthparents. The final step is the finalization of adoption in court, making you your child's permanent, legal parents. Along the way, there are many points where adoption laws will have an effect on your child's adoption. 
Once adopted through the legal process, the child is always yours. No one can take your child away from you.
You are doing a beautiful thing by adopting a child and by the end of it when the child is with you.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1. Once the adoption deed is registered then no order is required from SDM. You can then proceed to incorporate your name in all the documents of identity of the adopted child.

2. The birth certificate should be obtained from the Registrar of Births and Deaths by the biological parents before executing the adoption deed. 
Ashish Davessar
Advocate, Jaipur
18190 Answers
449 Consultations
5.0 on 5.0

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