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Stages of Adoption in India

For childless couples adopting a child is often a dream that they may have nurtured throughout their lives and indeed when they actually adopt a child, it’s a dream-come-true for them. For such couples adopting a lonely child is a good thing. Even couples with kids seek to adopt intending to provide financial support to lonely and hapless kids so that they are able to live happily ever after. One is not disqualified from adopting a child for being single Even being single is not an impediment to adoption and one big happy family. Regardless of whether a couple is childless or has children of their own the process of adopting a newborn remains pretty much unaltered in India. Adopting a Baby in IndiaIf one is planning on adopting a child then it's crucial that one is conversant and indeed updated in regards to the procedures. The Central Adoption Resource Authority (CARA), which is an integral part of the ministry of women and childcare, monitors the adoption-related procedures. A court in the applicable jurisdiction does have the power and is indeed authorized to proclaim an order of adoption. If adopting an orphan child and making the child one’s own is on someone’s wishlist, then the process to follow in stages for adopting a child is as follows:Stage 1. RegistrationRegistration of the prospective adoptive parents (PAP) with an authorized agency in close proximity of the residence of the couple ought to be done. Recognized Indian Placement Agencies (RIPA) along with Special Adoption Agency (SAA) are empowered to authorize registration requests. The steps are:1.      Registration ought to be done with an approved agency like RIPA or SAA. After the registration form is filled up according to Section IV’s provisions along with the essential documents the fee according to the rule has to be paid. 2.      Once the concerned authority receives the form from PAP they would send back a registration slip as an acknowledgment of receipt. The registration form can be filled online as well through the CARA-provided facility.3.      The other alternative is the adoption of a child through any childcare center except the one, one has registered. In such cases, one ought to apply to the SAA specifying the location one wishes to adopt. 4.      Once one’s request has been processed, one’s name would be added to the appropriate center’s waiting list.5.      Other than one’s home state if one adopts from any other state similar facilities would be available. If one wishes to go ahead, one would have to contact the State Adoption Resource Agency (SARA) or Adoption Coordinating Agency (ACA) of the concerned state and give them the registration slip.Stage 2 – Pre-Adoption ProcessThe authority concerned would be one’s friend, philosopher, and guide when it comes to child adoption. Expert consultants would counsel on parenting and adoption which is particularly helpful both for childless couples and single parents alike.   Stage 3 – Process of AdoptionThe two main steps in this process arePreliminary StepsA competent social worker would perform home examination within a maximum timescale of two months from the registration date. It would be necessary for one to provide a report of one’s current medical examination not more than a year old which is the time required for the child’s referral. Assigning A ChildThe SAA would form an Adoption Committee, which would review the PAP’s eligibility and locate a child matching the requirements provided by the SAA.  It's up to the committee to decide whether or not the legal adoption of the child is possible. Once a suitable child is found, the SAA will grant permission to the adopting couples to see the child by visiting the center. If a couple is ready for adoption of the chosen child, then they would have to accept with their signature on the medical examination report along with the child study report that the SAA provides. The couple would need to provide their local contacts to the agency and adhere to all the rules that the authorities and the courts have laid down. Prior to adoption in full swing, the child could transition into foster care with PAPs.With the concerned authority satisfied with the ability of the couple to adapt, the adopting couple would be taking care of the child with legal validation and the couple would assume the parenthood of the child.Click here to connect to Vidhikarya’s registered expert adoption lawyers for further legal advice in this regard. 

Posted By

Avik Chakravorty

1 day ago

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Legal Rights in regards to Cheque Bounce

Dishonor of Cheque/ Cheque BounceA cheque bounces or is dishonored when upon presenting a cheque in the bank it is returned to the payer unpaid. There are two reasons behind a Cheque Bounce and they are either insufficient funds in the bank account of the payer issuing the cheque or if there is a mismatch of signatures of the payer in the sense that the payer’s original signature and the signature on the cheque aren’t the same. One does have the option of taking legal action against the payer issuing a bogus cheque. Section 138 of The Negotiable Instruments Act is the most vital and effective legal provision to consider.Few things to be mindful of First and foremost the action that the payee ought to take is sending a legal notice or a demand letter to the drawer or payer of the cheque. One ought to also consult a check bounce attorney fir drafting the legal notice which ought to be sent within the stipulated period of a month from the date of receipt of notification of cheque bounce from the payer’s bank. Nonetheless, if in case the drawer is unable to or cannot pay the amount within the timescale of fifteen days from the date of despatch of legal notice then the person wronged may file a cheque bounce lawsuit implicating the drawer. Where can a cheque bounce case be filed?Arguably as a cheque bounces the jurisdiction of the case is unclear. However, the recent rulings of the Supreme Court have thrown light into the issue and made it more transparent. A cheque bounce case ought to be filed in the jurisdiction where the cheque was presented by the payee for the cheque to be honored.   Who can file a cheque bounce case?Usually, the payee files the cheque bounce case. Nonetheless, in one-of cases, a power of attorney would suffice for filing of the case. It's crucial to be mindful of the fact that it's mandatory that the complainant appear before the court and is heard under oath.What is a significant alteration?Altering the cheque amount, or the payee’s name or any other alterations on the cheque, like the date or the drawee’s name or payer bank can be regarded as a substantial alteration. Dishonor of a cheque due to significant alteration and the bank finding out about it does not require a cheque bounce case to be filed. How to defend against a bogus cheque bounce lawsuit?In business transactions, in particular, a cheque is typically the mode of payment. Nonetheless, there have been cases wherein once the business transaction is completed, the cheque has been encashed fraudulently resulting in filing a false lawsuit. Therefore, the way to defending a bogus cheque bounce lawsuit is proving that there wasn’t any amount owed to anyone at the time of issuance of the cheque. Therefore, what the payer would have to prove legally is that the cheque was issued as a security deposit and there wasn’t any existing debt at the time.  Alternative recoursesUsually, a civil suit is filed to recover money in a cheque bounce lawsuit. However, in cases of a huge cheque amount is huge and in applicable jurisdictions, a criminal lawsuit of cheating can be filed by the complainant or the payee against the payer u/s 420 of the IPC. Cheque bounce lawsuit against companies and firmsIf one wants to file a cheque bounce lawsuit against one’s company or firm, the directors and/or the partners as the case may be are liable to be sued. One could file a cheque bounce lawsuit against the company or.firm as well.What if there is an unresolved cheque bounce lawsuit?Offenses of cheque bounce are all too common these days that the financial world is affected by. The upshot of a cheque bounce both for the payer and the payee has a ripple effect which includes bank penalty, negative effect on CIBIL score not to mention criminal or civil action against the payer, and so on. Besides, if the payee refrains from taking any action against the payer within the suggested timescale then the payee’s chance of resolving the issue would lapse as cheque bounce lawsuits are time-bound. Therefore, resolving a cheque bounce case promptly to stay clear of the upshots that will ensue.Click here to connect to Vidhikarya’s registered cheque bounce lawyers for further legal advice in this regard.

Posted By

Avik Chakravorty

2 days ago

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Find the Best Banking Lawyers in Nagpur

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Ashish Fule

High Court Advocate
Exp
Nagpur , Maharashtra

Specialization

  • Banking
  • Adoption
  • Arbitration and Mediation
  • Cheque Bounce
  • Contracts and Agreements
Adv Ashish Fule is indian Lawyer based in Nagpur has specialised knowledge of Registration of Political Party and their compliances . He has registered more than 50 Political Parties In India and various states having its command on Representation of Peoples Act 1950 & 1951 . View Full Profile
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