4564564564

ADOPTION DEED IN INDIA

All about Adoption Deed

Adoption is taking a child’s custody from his biological parents through a legal process. Each country different law for adoption. Simultaneously, India has Hindu Adoption and Maintenance Act, 1956 that needs to be followed for adopting a child in India.

What is Adoption Deed?

Adoption Deed is a legal document that is prepared by the biological and adoptive parents of a child at the time of adoption in India. The document contains the basic information about parents and child with all the responsibilities and rights of adoptive parents along with the statement that the child is transferred from biological parents to adoptive parents according to the Hindu Adoption and Maintenance Act, 1956. It is essential to prepare a well formatted adoption deed by the advocate or legal attorney. The documents need to be signed by both parents along with the two witnesses.

What are the documents that need to be presented for preparing Adoption Deed?

  1. ID proof and Residence Proof of Biological Parents.
  2. ID proof and Residence Proof of Adoptive Parents.
  3. Age proof of Child.
  4. ID of witness
  5. Power of Attorney (If applicable).

 

Is it mandatory to register Adoption Deed in India?

No, it is not mandatory to have registered adoption deed in India but it is advisable to register adoption deed to avoid any legal consequences in future.

Is Adoption Deed valid in India?

If the adoption is done according to the Hindu Adoption and Maintenance Act, the adoption deed is valid in India. The adoptive parents can approach to the District magistrate for a declaration decree that specifies that the adoption is done according to the Hindu Adoption and Maintenance Act. It can be extracted from the provisions of HAMA as Sec 16 of the HAMA stated as “ whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.”  Moreover, if one of the prospective parents is from India or Overseas citizen of India Cardholder than the adoptive parents will be treated as Indian parents and the In-country adoption procedure will be followed. The adoptive parents can adopt any of the law either the parent law of the country or the Adoption Authority Regulations.

Surbhi Singla

Associate at Aggarwals & Associates, S.A.S Nagar Mohali.

 

As per the rules of the Bar Council of India, lawyers and law firms are not permitted to solicit their work or advertise in any manner. By clicking on the “I Agree” button, the user agrees and acknowledges as under:

  • There has been no advertisement, personal communication, solicitation, invitation or any other inducement of any sort whatsoever by or on behalf of Aggarwals & Associates or any of its members to solicit any work through this website.
  • All material and information (except any statutory instruments or judicial precedents) on this website is the property of the firm, and no part thereof shall be used, with or without adaptation, without the express prior written consent or approval from the concerned authority.
  • The user(s) wishes to gain more information about law for his/her/their own information and use.
  • The information provided on this website is solely available at the request of the user(s) for informational purposes only. It should not be interpreted as soliciting or advertisement.
  • Firm assumes no liability for the interpretation and/or use of the information available on this website, neither does it offer a warranty of any kind, nor express or implicit authorization of the content included in wwwaggarwalsandassociates.com
  • The content available on this website does not constitute, and shall not be construed, as legal advice or a substitute for legal advice.
  • Organisation is not liable for any consequence of any action taken by the user(s) relying on material/information provided on this website or through any external links thereon.
  • This website is a resource for informational purposes only and though intended, is not promised or guaranteed, to be complete or updated.

 

Call Now
Directions