I am a divorcee with a 15 yr old son I am a divorcee with a 15 yr old son

1 week ago

I am a divorcee with a 15 yr old son. I have the sole custody and guardianship. I got remarried and my present husband wants to adopt my son. Should I go through this process without going through CARA

Legal Counsel Vidhikarya

Responded 1 week ago

View All Answers
A.Dear Client,
Without the consent of the biological father of your son from the first marriage even if it is dissolved by a decree of divorce, your second husband cannot adopt your son. According to the Central Adoption Resource Authority(CARA), all kind of adoption requires registration with CARA. Consent of biological parents or permission of the Child Welfare Committee(CWC), as the case may be, shall be required for the adoption of the child. The consent of the child if he is five years of age or above shall be obtained. Then along with the consent of the biological father of your son or the permission of the CWC, your 2nd husband needs to apply to a Family Court or District Court to obtain an adoption order. Based on the said order, a Deed of adoption has to be registered in favor of your 2nd husband under the Registration Act. Reach out to an Advocate for guidance and steps.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 week ago

View All Answers
A.Dear Client,
you have to go through the process of CARA and firstly register the child with the same. later follow all procedure as per sec 52 of the act and the person wanting to adopt must provide an application in family court/ district court or magistrate court thorough an advocate. if all the requirements needed for adopting are satisfied then the court will proceed with the adoption.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconHow to prove legal heir with out adopted certificate
Dear Client, In the absence of an adoption deed or legal heir certificate, it is almost impossible to claim a share in the ancestral property which is in the name of your grandma. The contents of you...
question iconAdoption Case
Dear Client, Without the consent of the biological father of the daughter from the first marriage even if it is dissolved by a decree of divorce, you cannot adopt the daughter of your wife who takes...
question iconMyself and wife want to adopt child from srilanka from my cousin sister
Dear Client, As per the Central Adoption Resource Authority(CARA) under the Ministry of Women and Child Development, Govt. of India, in the matter of adoption procedure for intercountry relative adopt...
question iconLegal name change
Dear Client, Being the sole natural guardian after the demise of her husband, the widow is entitled to change the surname of her child and can give him the surname of her second husband if she marries...
question iconAdoption as Guardian
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 pare...