Can I adopt a 10 years male child of my wife
4 months ago
Can I adopt a 10 years male child of my wife from her previous marriage having a 14 years male child from my previous marriage.
A.Dear Client,
Central Adoption Resource Authority.(CARA) is the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions. Earlier it was not possible for the stepparent to adopt the child, but nowadays the CARA has made the recent changes in the law that allows the step parents to adopt the children from the second marriage or a previous marriage. In the matter of stepparent, if the couple want to adopt the child from the previous marriage, the parents adopting the child will have to register on the Child Adoption Resource Information and Guidance System, they have to file the application before the court and to obtain the order of adoption, the approval of the other biological parents is mandatory. The registration with CARA is the couple along with one of the Biological parents must need to get registered, there are certain steps and the guidelines that must be followed to complete the process of registration. An application needs to be filed before the concerned district court along with the consent of the step parents and the biological parents and also the proper documents should be produced before the court. The Adoptive parents must produce original documents with two copies and those copies should be self-attested for the legal adoption procedure. If any litigation is going on for the custody of the child, the process of adoption will be done after the finalisation of the case by the concerned court. Couples with 3 or more children cannot adopt another child unless it’s about children with special needs/ adoptive parents of relative or step parent. If the condition as laid down under Section 61 of Juvenile Justice Act, 2015 are met by the applicant, the court shall pass an adoption order after hearing the parties and considering the welfare of the child concerned. A certified copy of the adoption order has to be collected by the prospective parents and given a copy to the District Child Protection Unit for online submission to the concerned authority.
Central Adoption Resource Authority.(CARA) is the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions. Earlier it was not possible for the stepparent to adopt the child, but nowadays the CARA has made the recent changes in the law that allows the step parents to adopt the children from the second marriage or a previous marriage. In the matter of stepparent, if the couple want to adopt the child from the previous marriage, the parents adopting the child will have to register on the Child Adoption Resource Information and Guidance System, they have to file the application before the court and to obtain the order of adoption, the approval of the other biological parents is mandatory. The registration with CARA is the couple along with one of the Biological parents must need to get registered, there are certain steps and the guidelines that must be followed to complete the process of registration. An application needs to be filed before the concerned district court along with the consent of the step parents and the biological parents and also the proper documents should be produced before the court. The Adoptive parents must produce original documents with two copies and those copies should be self-attested for the legal adoption procedure. If any litigation is going on for the custody of the child, the process of adoption will be done after the finalisation of the case by the concerned court. Couples with 3 or more children cannot adopt another child unless it’s about children with special needs/ adoptive parents of relative or step parent. If the condition as laid down under Section 61 of Juvenile Justice Act, 2015 are met by the applicant, the court shall pass an adoption order after hearing the parties and considering the welfare of the child concerned. A certified copy of the adoption order has to be collected by the prospective parents and given a copy to the District Child Protection Unit for online submission to the concerned authority.
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A.Dear Client,
As per the section 11 of the Hindu Marriage act if the person who has adopted has son then he will not entitled to adopt another son for the purpose of the clarity section 11 of the Hindu Marriage act is read as follows.11. Other conditions for a valid adoption- In every adoption, the following
conditions must be complied with:
(i) if any adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son
(whether by legitimate blood relationship or by adoption) living at the time of adoption;
(ii) if the adoption is of a daughter the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted;
(v) the same child may not be adopted simultaneously by two or more persons;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth or in the case of an abandoned child or a
child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption.
Provided that the performance of datta homan, shall not be essential to the validity of an adoption.
Thankyou.
As per the section 11 of the Hindu Marriage act if the person who has adopted has son then he will not entitled to adopt another son for the purpose of the clarity section 11 of the Hindu Marriage act is read as follows.11. Other conditions for a valid adoption- In every adoption, the following
conditions must be complied with:
(i) if any adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son
(whether by legitimate blood relationship or by adoption) living at the time of adoption;
(ii) if the adoption is of a daughter the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted;
(v) the same child may not be adopted simultaneously by two or more persons;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth or in the case of an abandoned child or a
child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption.
Provided that the performance of datta homan, shall not be essential to the validity of an adoption.
Thankyou.
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A.Dear Sir,
As per law one couple can adopt only one male child and one female child. Yours being a special case you may try for it by approaching District Court.
As per law one couple can adopt only one male child and one female child. Yours being a special case you may try for it by approaching District Court.
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