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Author Topic: Child Adoption  (Read 724 times)

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Offline ceepsingh

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Child Adoption
« on: August 10, 2015, 05:28:52 AM »
Hello,

I am about to get divorced, with my second motion due next month. After that I am planning to get married to another girl, who is also divorced and has a child from her last marriage. We are planning to have a temple wedding, and then getting it registered. I have following queries, and would be obliged to get them cleared:

1. What would be the procedure to become the legal father of the child ?

2. Since we live in different towns, and after marriage the mother and her child will move to mine, I have a very small time window to get married and bring them along. Some one suggested me that in order to save some time, I must at least adopt the child before the marriage, so that his school documents can be modified with his father's name and surname. Can I adopt the child before getting married to her mother ?

3. Can I adopt the same child before getting my due divorce ?

Offline adv.amarnath

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Re: Child Adoption
« Reply #1 on: August 10, 2015, 01:12:17 PM »
Before I answer your questions, you must know the law regarding adoption.

LAW
As per the Hindu Adoption and maintenance act, one minor child cannot be adopted without the consent of his father. Now in your situation, you cannot adopt that child without his/ her biological father's permission though the mother of the minor child have already been divorced by her husband. Her husband can claim for custody of his child at any point of time until that minor child attends 18 years.

EXCEPTIONAL SITUATIONS:
If the girl's husband has died or renounced from the world and/ or child is illegitimate.

IMPORTANT FACT/ RULING
Now Supreme Court has passed a remarkable/ landmark judgement that a mother can be sole guardian of a minor child and there is no mandatory to give a father's name of a minor child. Check out the said judgement.

SUGGESTION/ ADVICE
So, you cannot adopt the child as you are willing to get married with the child's mother. Adoption means transfer of right of child from biological parents to another couple. So adoption is not correct in your situation as you are about the get married with the child's mother.

You can file a petition to become Legal Guardian of the said child only in case of  exceptional situation as said above. You need not required any adoption procedure/ formalities, which will be absoultely wrongly procedure and same is void ab initio. Just a Petition under relevant provisions under Guardian and Wards Act required to be filed before the District Judge and be the minor's legal guardian.

If the child is urgently required to get admission in school, then the child can get admission by her mother as his/ her guardian as per the rulings of Supreme Court.

For further details you can contact me


Amarnath Sanyal
Advocate
Kolkata,  West Bengal
9830303322
« Last Edit: August 10, 2015, 01:17:39 PM by adv.amarnath »
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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