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Can wife adopt without the permission of husband


08-Jan-2023 (In Family Law)
sir, meri ek sister h unki marriage 2007 me hui thi but unke abhi tak koi child nahi h ham unke husband se child adopt karne k liye kahte h to vo mana kar dete h sir, kya husband ki permission k bina koi women child adopt kar sakti h kya child adopt karne k liye husband or wife dono ki manjuri jaruri h? agar sir meri sister apne husband ki marji k bina child adopt karti h to kya unka child apne father ki property me share le sakega, please sir reply
Answers (4)

Answer #1
792 votes
Child adoption is governed by personal law. So first of all religion is to be known. However adoption by married couples required consent from both parents. Husband and wife are required to give consent and legal papers are to be signed by both. Once adoption is complete the child so adopted shall have all rights as available to naturally born child.
Advocate Vijay Kumar Teotia

Adv. Vijay Kumar Teotia

LawRato Meerut | 200+ Answers
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Answer #2
933 votes
No a Hindu women who is married cannot adopt a child male or female without taking specific permission of her husband but if the husband is mad,insane or not able to give his permission due to serious illness or is dead or divorced then permission is not required therefore your sis cannot adopt so kindly take prior permission in the shape of an affidavit before proceeding for adoption. After the adoption is done the child will have same property rights as a natural son or daughter.
Advocate Aasif Razzaque Khan

Adv. Aasif Razzaque Khan

LawRatoLucknow | 100+ Answers
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Answer #3
599 votes
Hi, Your sister can adopt a child only after the consent of her husband. Both the husband and wife should be willing to take care of the adopted child. In case her husband is not willing to adopt the child it is difficult to take the step.
Answer #4
978 votes
Earlier both husband and wife had to move the applications jointly.Now I think there is a court ruling allowing one spouse to adopt without the junction of the other.you have to file applications before the adoption agency online and after child study report and home study report the agency will allot one child to you based on seniority.
Advocate Jayaraj K P

Adv. Jayaraj K P

LawRatoTrivandrum | 25+ Answers
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Anurag Singh
Pati ki anumati Ke Bina Agar baccha liya gaya hai To Patni per dharayn kya Banegi

Reply by LawRato

No, under Hindu law, the consent of both spouses is generally required for adoption. The husband and wife are considered joint legal guardians of their children and both have equal rights and responsibilities in matters of adoption. Therefore, the wife cannot adopt a child without the permission of her husband. If a wife adopts a child without the consent of her husband, it would not be a valid adoption under Section 8 of the Hindu Adoption and Maintenance Act, 1956. This Act explicitly states that if a wife has a husband who is alive, she cannot adopt a child without the consent of her husband, unless certain conditions are met (such as the husband having renounced the world or being declared of unsound mind).
If a wife adopts without the required consent, the adoption would not hold legal validity and would be considered invalid. In such a case, the adopted child would not be deemed to be the child of the adoptive mother for any legal purposes.

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