Adoption Hitches


Posted On : October 21, 2019
Adoption Hitches
This blog discusses the bottlenecks to adoption and how they can be overcome.
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Adoption these days is no big deal as the adopted child hardly ever wants to know who his /her biological parents is. It’s an agonizingly trying time during this period of life which is most crucial for any adoptive parent. However, the fact of the matter is that numerous issues crop up in the tender child’s mind as and when they realize that they are adopted.  


Although an adopted child has the right to tracing one’s own identity and look for his/her birth parents once the child is 18 years old, the burning question though is whether he/she would be elated after tracing them.


The other questions at the forefront are whether one would easily accept one’s birth parents and deny the affection of foster parents. The child may feel guilty which in turn may lead to grief which may be evident in the child’s entire life further resulting in the child falling prey to emotional trauma and being mentally unstable knowingly or unknowingly. This leads to the burning question of whether or not these hardships and pain areas can be alleviated or even avoided. 


While adoption is regarded as a noble cause of a lease of life to deprived kids who are lonely; there are umpteen cases of legally adopted young kids being misused and abused by self-serving antisocial elements once the kids are under their control. The adoption process in India is far more complicated with several laws, rules, and regulations for parents in regards to their age, which should not cross 55, but unfortunately there is no age criteria alluded to anywhere for children.


As children’s rights are a hot topic of discussion, it only makes sense and is right to be able to think to form a child’s viewpoint and fix an age over 5 in order for the child to choose which adoptive parent the child wants to live with. Needless to mention the child would be absolutely aware from the very beginning that the child’s parents are adoptive parents and not birth parents.


There cannot be any room for confusion to arise as parents cannot fake the identity of their kids with fake stories nor look for ways to ensure that facts are hidden, rather they can speak to the kids freely and frankly devoid of guilt, with the same feelings and warmth towards their kids remaining intact.


Children would also understand how valuable adoption is as well, and would be full of gratitude for their foster parents and would hopefully have a great future being aware of the reality as there will hardly be any embarrassing situations to deal with in public. Even if they happen to know or meet their birth parents there won’t be any major concerns of both sides rejecting.


Click here to consult with the registered expert adoption lawyers on Vidhikarya.

Written By:
Avik  Chakravorty

Avik Chakravorty


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question markProperty rights from adoptive parents 2 Response(s)
Dear Sir, Adoptive son steps into the shoes of natural son as such he has every right over his adoptive parents and their properties. Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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Dear Madam, Dear Sir, THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 https://tcw.nic.in › Acts › Hindu adoption and Mai... PDF THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956. [Act No.78 of 1956][21st December, 1956]. Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband. You may get register an Adoption Deed under the provisions of above Act and thus get instant adoption.
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Dear Madam, once it is registered then adoption deed may not be cancelled by any court for whatever reason your husband may take. However, you have to contest such suit if any filed by your husband.
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Dear Client, In general, the cancellation or annulment of an adoption may require a court order. The exact process and requirements can vary by jurisdiction. Here are some steps you might consider: Consult with an Attorney: Reach out to a family law attorney who specializes in adoption and family matters. They can guide you through the legal process in your specific jurisdiction. Review Adoption Laws: Your attorney will help you understand the adoption laws in your area. It's essential to be aware of the specific requirements and procedures for adoption annulment in your jurisdiction. Gather Evidence: Collect any evidence or documentation related to the adoption process, such as the adoption deed, communication with adoption agencies, or any other relevant information. File a Petition: With the assistance of your attorney, file a petition in the appropriate court seeking the annulment or cancellation of the adoption. This petition should outline the reasons for seeking the annulment and any supporting evidence. Legal Proceedings: Attend any court hearings or legal proceedings related to the adoption annulment. Be prepared to present your case and any evidence to support your request. Court Decision: The court will consider the evidence and make a decision on whether to annul the adoption. The outcome will depend on the specific circumstances and legal requirements in your jurisdiction. Follow Legal Procedures: If the court grants the annulment, it will typically involve a legal process to reverse the adoption legally. Keep in mind that adoption annulment is a complex legal matter, and the specific steps and requirements can vary widely depending on your jurisdiction. It's crucial to work closely with a qualified attorney who can provide guidance throughout the process. Thank you.
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Dear Client, Please write about yourself, the family, from whom you are planning to get the child etc in detail in order to get the complete legal picture and proper advice. The adoptive parent and child should have an age difference of 21 years or more. Couples with a combined age of less than 90 (with neither spouse older than 45) are eligible to adopt an infant. For older and special needs children, the agency has the discretion to relax the age limit for the prospective parent up to 55 years. Most agencies prefer couples to have been married for at least 5 years before adopting a child; however, this is again at the discretion of the agency. A single person between age 30 and 45 years can adopt a child. There are two major adoptions laws that apply to adopters in India: The Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Guardianship and Wards Act, 1890. There are several steps involved in the adoption procedure. First, a formal application form has to be filled out by the interested person/ couple at a certified adoption agency. In case you are interested I can handle the job for you through Vidhikarya.com and I will handle the work as per the procedure laid down by the CARA and Ministry of Women and Child Development, Govt of India. You cannot adopt a child who is in the womb. Process will start after birth. If you are lucky you can take the child in May after getting the Passport and VISA ,Air Ticket ,Complete Adoption papers etc. completed in all respects in India. Shanti Ranjan Behera,Advocate