Wanted your legal advice on adoption
Wanted your legal advice on adoption
Wanted your legal advice on adoption. I have a 8 years old daughter and want to adopt a child. The problem is i am an Australian citizen (obtained citizenship in 2017). I moved back to india in 2018 a
1 year ago
A. Dear Sir,
Frequently Asked Questions (FAQ’s)
A. Juvenile Justice (Care and Protection of Children) Act, 2015
1. What is Adoption?
Adoption means the process through which the adopted child is permanently separated from his
biological parents and becomes the lawful child of the adoptive parents with all the rights, privileges
and responsibilities that are attached to a biological child.
(As per Section 2(2) of the JJ (C&PC) Act, 2015)
The Juvenile Justice (Care and Protection) Act 2015 ...ReadMore
can a revenue court magistrate have a right to cancel the adaption deed ?
Can a revenue court magistrate ( tahsildar or assi. commissioner) cancel the adation deed without the conscent of adaptor and adapti by filing a partition suit of opponets.
1 year ago
A. Dear client,
The magistrate should give the opposite party to defend the suit of partition. He cannot pass ordes without hearing from both sides. But he does not need any consent to pass the decree.
IS Adoption deed enough for adopting a child from willing parents
Hi, I am a Divorced woman. I wanted to adopt my maid's 3 rd daughter as they were too poor to take care of her. They have consented for adoption. So will ot be enough if an advocate prepares an adopti
1 year ago
A. Dear Client
Post 2017 the Government of India has made it mandatory to adopt all children through CARA and follow the rule and the formalities. When you adopt through CARA then you follow the rules as the Juvenile Justice Act.
Still adoption under Hindu Adoption and Maintenance Act has not been brought under the CARA's umbrella and one can adopt under HAMA through a registered deed
Hindu Adoptions and Maintenance Act, 1956
If the Mother of the baby is Divorced and wants to give away the new born baby to a childless married couple. Can the couple directly adopt the baby under Hindu Adoptions Act without going through the
1 year ago
A. A spinster or a divorcee or a widow, irrespective of her marital status, can also adopt a child for herself. A girl child can also be adopted. But the only point for concern is that in the presence of boy or a girl, the adopter cannot adopt another male child or a female child.
Adoption-born baby 1970 Christian family
I am born baby 1970 christen family adopted me after 3years mother had 2 children born after they lived me alone now property register own children 53 year I am living like salves I can claim my pro
1 year ago
A. Dear Sir,
Christians also can adopt a child from an orphanage with the permission of the concerned court under the Guardian and Ward Act, 1980. Thus you can prove your adoption and get a share as per your personal law.
Adopting friend's kid
I have a friend who is unfortunately been diagnosed of a life threatening illness and wants me to adopt her newborn as she won't be able to take care of the child physically , Do I need to still regis
1 year ago
A. Dear Client
Earlier adoption without involving CARA was easily done and was quite possible but recently the Union Government has made it mandatory to register and adopt through CARA. One can still do it without going to CARA but it is advisable to do it through them
Queries regarding US born citizen step child adoption
My stepdaughter is a US citizen by birth, I want to adopt her in India as I am married to her biological mother. What is the process?
2 years ago
A. Dear Client
If you want to adopt a stepchild, you must have the consent (or agreement) of both your spouse and the child's other parent (the noncustodial parent) unless that parent has abandoned the child. By giving his or her consent, the non-custodial parent gives up all rights and responsibilities, including child support.
Thanks
Regards
Adoption of unborn child of minor unmarried mother.
A minor girl is pregnant (after a rape case by two boys). Both of these boys are in jail. Father will be determined after the DNA Test. The parents of the minor pregnant girl have agreed to give up th
2 years ago
A. Dear Client
There are two ways you can get the adoption done;
1. By adopting the child with having an agreement between the Giving Parent and adopting parent and getting the deed authenticated by the Magistrate.
2. By requesting CARA to help you in the process of adoption and they will do all for you.
Surrogacy in india for single men
I am a single male citizen of India, I am looking forward to starting my family as a single father by opting surrogacy program for single male. I have come across various doctors and agencies, who are
2 years ago
A. Until sometime back there was no law or rules to regulate the single male surrogacy to become father and hence few like Tushar Kapoor and Karan Johar have become fathers without breaking any law. But a new law is being formulated and bill has been tabled in the Parliament prohibiting this. Until the bill becomes the law you can take advantage of the same and be a father this way. For more details you can reach out to a lawyer and get proper guidance.
Adoption without proper legal procedure
Sir, Can a child, who was adopted without proper legal procedures, claim property of his adoptive parents after their death. But, in aadhar card, school record & horoscope of the child, the adoptive
2 years ago
A. Hello
As per the law the child must be adopted in front of some witness for a valid adoption. if there are witnesses who says you guys adopted the child then it would be considered as a valid adoption and it doesn't matter if he was adopted without proper legal procedure. Therefore the adopted child could claim property of his adoptive parents.
Thanks.
Ayantika Mondal @ Prime Legal
