Adoption documents and required concent
5 years ago
I am 26 and my husband is 34 years old married since 6 years. My sister got married 6 months back and due to some reasons they are getting divorced. She is pregnanat and we want to adopt that baby. We have no kids. What are the required documents for my sister and her husband to give the child for adoptin when they are getting divorced soon. What are the requirements for us to take a baby for adoption. Can my sister alone give the unborn baby for adoption. Delivery will bd in march of next year . We want to adopt the baby as soon as possible as we are planning to go abroad by may next year. Can we take the baby to abroad with us. Please help.
ROBERT D ROZARIO
Responded 5 years ago
Deepak Yashwantrao Bade
Responded 5 years ago
You can adopt as per law and it must be registered in the Court of law. It requires consent of both your sister and her husband. However unborn child cannot be adopted and proceedings can be started only after birth.
For full procedure contact me through Vidhikarya.
Rameshwar Dadhe
Responded 5 years ago
As I understand, Divorce has not been applied and yet to be finalized.
Divorce through mutual consent will take approximately 6 months if everything goes well.
Before adopting a Child in India
– Register for adoption with either an Adoption Coordinating Agency (ACA) found in each state’s capital city, or an agency certified by the Central Adoption Resource Authority (CARA) in New Delhi. CARA is a division of the Ministry of Women and Child Development.
You can get into trouble with the Law if you adopt from unlicensed orphanages or Children’s Homes, the streets, hospitals, lawyers, doctors or social workers. It may also lead to a tussle with the birth parent, or exploitation by fraudsters and middlemen.
– Children adopted illegally have been denied rightful inheritance and benefits by the extended family once their adoptive parents have passed away or divorced.
Child Adoption process in India
Here are some quick facts about domestic adoption procedure in India by Indian nationals. The process and costs for international adoption are not covered here.
Disclaimer: Please cross-check all information given below with a lawyer experienced with adoption matters and with your agency, since adoption laws, guidelines and procedures change periodically. It is also useful to get in touch with a parent who has recently adopted from that particular state or agency.
– Prospective parents register at a licensed adoption placement agency or ACA with all the required documents. Pre-adoptive counseling may be suggested.
– The waiting period begins once the agency’s social worker draws up the home study report.
– When the agency identifies a suitable child, they call the prospective parents to meet the child.
– If the parents approve, some agencies may hand over the child once a foster care agreement is signed.
– Meanwhile, the agency’s lawyer files a petition to adopt on behalf of the couple with the Court or Juvenile Justice Board, depending on the law under which the adoption will take place. An Order for execution of the adoption deed is granted.
– For the most part, the agency representative and the parents register the adoption deed at the Registrar’s as proof of the completion of the adoption, and then apply for the birth certificate.
Under the HAMA, a child adopted by a couple has the same rights as a child born to those parents. Neither the adoptive parents nor the child can overturn a valid adoption. Adoptions under the GAWA only appoint the couple as guardians and the child as ward and do not grant permanent rights to name, religion, maintenance or inheritance. This necessitates extra precautions to protect the child’s rights.
After going through this if you still feel that something is missing you can send a mail.
Shanti Ranjan Behera,Advocate
Rajender Prasad
Responded 5 years ago
Please write about yourself, the family, from whom you are planning to get the child etc in detail in order to get the complete legal picture and proper advice.
The adoptive parent and child should have an age difference of 21 years or more. Couples with a combined age of less than 90 (with neither spouse older than 45) are eligible to adopt an infant. For older and special needs children, the agency has the discretion to relax the age limit for the prospective parent up to 55 years.
Most agencies prefer couples to have been married for at least 5 years before adopting a child; however, this is again at the discretion of the agency. A single person between age 30 and 45 years can adopt a child.
There are two major adoptions laws that apply to adopters in India:
The Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Guardianship and Wards Act, 1890. There are several steps involved in the adoption procedure. First, a formal application form has to be filled out by the interested person/ couple at a certified adoption agency.
In case you are interested I can handle the job for you through Vidhikarya.com and I will handle the work as per the procedure laid down by the CARA and Ministry of Women and Child Development, Govt of India.
You cannot adopt a child who is in the womb. Process will start after birth.
If you are lucky you can take the child in May after getting the Passport and VISA ,Air Ticket ,Complete Adoption papers etc. completed in all respects in India.
Shanti Ranjan Behera,Advocate