Adoption as Guardian Adoption as Guardian

2 months ago

Hi, we have brought home a child (4 years) whose parents expired and he was with his 73 year old grandmother. Grandmother is my mother (deceased)'s chachi. We are not sure if we want to do legal adoption today, we need to have legal guardianship however as he is living with us and we are taking care of him as our child.

Anik

Responded 2 months ago

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A.Dear Client,

The Hindu Adoption and Maintenance Act of 1956 is the exclusive personal law in India that addresses adoption, providing a legal framework for establishing parent-child relationships between individuals not connected by blood. Adoption, a two-way process, has facilitated child conception for couples facing infertility. It is the formal procedure of placing a child with parents other than their biological ones for their lifetime.

To establish adoption claims, a registered Deed of Adoption in accordance with Section 16 of the Hindu Adoptions and Maintenance Act, 1956, is essential. Without this, the claim cannot be substantiated. Indian adoption laws specify eligibility criteria for prospective adoptive parents. Eligible individuals or couples must have a stable marriage for at least two years, financial stability to meet the child's needs, good physical and mental health, be above the age of 25, and have an age difference with the child's younger parent of not less than 25 years.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
The Hindu Adoption and Maintenance Act 1956 is the only personal law in India that deals with adoption. Adoption is a legal way for people who are not related by blood to establish a parent-child relationship. This two-way method has aided in the conception of a child for childless couples. Adoption is the formal process of putting an infant with a parent or parents other than the biological parents for the rest of their lives. In the absence of a registered Deed of Adoption made in compliance with the provision of Sec.16 of the Hindu Adoptions and Maintenance act, 1956, a person cannot establish his claim of adoption of a child. According to Indian adoption laws, you can certainly consider adopting a child if you meet the eligibility criteria. You must be 1) A couple with a stable marriage for at least two years. 2) Financially stable and capable of providing for the child's needs. 3) In good health, both physically and mentally. 4) Above the age of 25 years. 5) The age difference between the child and the younger parent should not be less than 25 years. To initiate the adoption process, you need to contact a recognized adoption agency in India. They will guide you through the legal procedures, including documentation, background checks, home study, and adoption counselling.
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Vidhi Samaadhaan Vidhi Samaadhaan

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