Second husband wants to adopt my 16yr old son

Dear Client,
Without the consent of the biological father of your son from the first marriage, even if a decree of divorce dissolves it, your second husband cannot adopt your son legally. According to the Central Adoption Resource Authority(CARA), all kinds of adoption require 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. As per the Adoption Regulations, 2022, all the Adoption Orders issued by the Courts are now replaced by Adoption Orders issued by the District Magistrate, as per the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021. Prospective Adoptive Parents (PAPs) who wish to adopt a child legally shall register himself or herself online at https://carings.wcd.gov.in. As per Regulation 3(a), the child's best interests shall be of paramount consideration while processing any adoption placement; (b) preference shall be given to placing the child in adoption with Indian citizens with due regard to the principle of placement of the child in their own socio-cultural environment, as far as possible; (c) all applications for adoptions shall be registered on the Designated Portal and confidentiality of the Authority shall maintain the same. A child eligible for adoption as per Regulation 4 is namely, (a) any orphan or abandoned or surrendered child, declared legally free for adoption by the Child Welfare Committee; (b) a child of a relative defined under clause (52) of section 2; (c) child or children of the spouse from an earlier marriage, surrendered by the biological parents for adoption by the step-parent. Various recognized agencies and authorities have been assigned roles to facilitate the adoption process as per the Guidelines Governing The Juvenile Justice (Care and Protection of Children) Act 2015 as amended in 2021. Child adoption can be done by either single PAPs or married couples with 2 years of stable marriage. Section 57(4) of the JJ Act, 2015 and Regulation 5(2)(c) mention that a single male is not eligible to adopt a girl child. The entire adoption process is carried out following the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (amended in 2021) and the Adoption Regulations 2022. The database of Prospective Adoption Parents (PAPs) is maintained and managed through the designated CARINGS portal. There is no manual intervention at any stage in the process of adoption. The adoption process is carried out by the Central Adoption Resource Authority (CARA) following the Juvenile Justice Act 2015 (as amended 2021) and the Adoption Regulations 2022. The waiting period depends on the seniority of the Prospective Adoptive Parents (PAPs) and of legally free children based on the preference of Prospective Adoptive Parents as per age, gender, health status, state, etc. Regulation 49 of the Adoption Regulations, 2022 states that the prospective adoptive parents shall bear the expenses for adoption and the Specialised Adoption Agencies shall adhere to the adoption fees and their utilization pattern as provided in Schedule XV, which shall be revised by the Authority from time to time. In continuation of the same, the Steering Committee of the Authority in its 36th meeting held on 02/01/2024 has decided that the adoption fees once submitted by the prospective adoptive parents to the Specialised Adoption Agencies, stand non-refundable. If required, hire an experienced Advocate to navigate the adoption process in the right way.

Dear Client,

To proceed with the adoption of your 16-year-old son by your second husband despite the biological father's refusal, you will need to follow a legal process. Under Section 9(2) of the Hindu Adoptions and Maintenance Act, 1956 (HAMA), consent from the biological father is generally required for adoption if he is alive. However, in your case as the biological father has not maintained contact and has paid only Rs. 3 lakhs as part of the mutual divorce agreement, this can be cited as a ground for abandonment and neglect.
You can file a petition in your local District Court or Family Court under Section 9(4) of HAMA seeking permission for adoption without the consent of the biological father.

Consult a Advocate to follow the proper legal steps.