• Possibility of delayed execution of Adoption Deed

Respected Sirs,

I have a question regarding adoption of child. In my case, We are 3 siblings and our father expired in the year 1997 when we were all below 18 yrs. My mother had a re-marriage in 1998. After re-marriage, our step-father's name was used in all our educational and professional documents, but only our birth certificates still reflects our biological father's name. 

We all are above 18 years now and want to apply for passport with our step father's name. We came to know from the passport helpdesk that we would need the following documents for passport application: Death Certificate of biological father, Marriage Deed of second marriage and Adoption Deed.

We have an issue regarding the adoption deed. Since my parents were not aware of this law, they did not prepare a formal adoption deed within the required time-frame as required by the law. My questions in this matter are:

1) Now that we all are above 18 years, is it still possible to execute an Adoption Deed?

2) If possible, what are the procedures to execute such deed?

3) In case it is not possible, what is the remedy/alternative for passport application purpose with the step-father's name?

Kindly advice.
Asked 1 month ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) deed of adoption ought to have been executed by your  mother by in favour of step father 

2) child should not be more than 15 years unless there is custom in your community which permits such adoption 

3) section 10 of Hindu adoption act 

0. Persons who may adopted.-

No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely :-

(i) he or she is Hindu,

(ii) he or she not already been adopted.

(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption.

(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being take in adoption.


4) your step father name cannot be reflected as your father in passport 
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
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1. No. Since all of you have crossed 15 years of age, it is not legally possible to execute and register an adoption deed now.

2. It is not possible now.

3. Was there any ceremony by which you were taken in adoption by your step father before you were 15 years of age? If yes, collect evidence of the said ceremony with photographs and then try to get a back dated affidavit of your step father notarised affirming that he has taken you in adoption with the consent of your sole living biological mother. After arranging this affidavit, try to get further affidavit affirmed before the 1st class judicial magistrate by him about the said religious adoption which was not registered for his lack knowledge. This is a desperate attempt to put pressure on passport authority to issue you the desired  passport since passport authority accepts affidavit affirmed before 1st class judicial magistrate. Alternatively, you can file a Writ Petition to this effect before the Calcutta High Court praying for an order upon the passport authority to accept the affidavit of your adoptive father who has affirmed before the 1st class judicial magistrate about the religious adoption he had taken of you and issue you the passport mentioning your step father as father due to the said religious adoption.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1. No , adoption deed is no more possible.
2. Since in absence of adoption deed you can use your step father's name , you can very well use your mother's name only and deceased father's name.
3. It is permissible not use step father's name if he ahs not adopted you. In that event you will be treated as children of your dead father only.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1. It was a misconceived move on your part to incorporate your step  father's name in all your documents as you were not adopted by him, as a result whereof there is now a discrepancy in the name of your father in birth certificate and other documents, which will be a major obstacle in obtaining the passport.

2. Adoption deed cannot be executed in retrospect. Under the Indian law one who has attained the age of 15 years, cannot in the absence of a custom to the contrary in the community to which he/she belongs, be adopted. So adoption is ruled out.

3. The only thing you can do now is apply for rectification in your documents to incorporate your biological father's name. Alternatively, you may assail before the High Court the rejection of your passport application form on the ground of discrepancy. 
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
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1) Now that we all are above 18 years, is it still possible to execute an Adoption Deed?

Adoption deed can be executed and registered only in respect of  child and not an adult.  Hence it may not be possible to execute an adoption deed at this stage.




2) If possible, what are the procedures to execute such deed?

It is not possible.




3) In case it is not possible, what is the remedy/alternative for passport application purpose with the step-father's name?

Step father's name  inclusion at this stage will not be possible. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
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