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How can a adoption deed be made for taking a child to England?
01-May-2023 (In Child Custody Law)
The son now aged 15 years old , residing in Dehradun, was adopted by his Uncle in 2005 when he was 5 yrs old abandoned by his mother . There was no documentation or proofs, it was customary adoption, just giving and taking. later, the adoptive Father got married in 2008 and subsequently went to England . Child remained in the custody of grandparents. Now, the adoptive Father wants to make documentation of the adoption and take him to England. Can he make adoption Deed now.
How are you related to child? Where did you get the child? Did you file FIR Please provide complete facts.
As per Juvenile Justice (Care & Protection of Children) Act-2000 prescribes procedure regarding abandoned children.
When you found this child you were require to file a FIR in the concerned Police Station and make an application to Child Welfare Committee within 24 hours seeking permission to keep custody of the child.
The LAPA may initiate the process of clearance from CWC (Child Welfare Committee) at the earliest, in the case of abandoned children and the Child Welfare Committee will make all possible efforts within a period of two months to declare the child legally free for adoption.
In the case of abandoned children the procedure for declaring such children as legally free for adoption as laid down under the Juvenile Justice (Care and Protection of Children) Act, 2000 shall apply. An abandoned child can be given in adoption only when the Child Welfare Committee under the Juvenile Justice (Care and Protection of Children) Act, 2000, declares such a child to be legally free for adoption. An abandoned child will be legally free for adoption when such an order is signed by at least two members of the Child Welfare Committee as per Sec. 41(5)(a) of the JJ Act. 2000. On receipt of a report under section 32, the Committee or any police officer or special juvenile police unit or the designated police officer shall hold an inquiry in the prescribed manner and the Committee, on its own or on the report from any person or agency as mentioned in sub-section (1) of section 32 of JJ Act-2000, may pass an order to send the child to the children’s home for speedy inquiry by a social worker or child welfare officer. The inquiry under this section will be completed within such shorter period as may be fixed by the Committee.
Further, there are certain criteria as per Hindu Adoptions And Maintenance Act, 1956. Section 7 of the Act clearly states that a Male married Hindu cannot adopt expect the consent of his wife. Also if the couple has child of same sex, then also adoption is not possible.
We suggest you to first file a petition under Guardian & Wards Act, 1890.Guardian & Wards Act, 1890 thereby seeking guardianship of the child. Thereafter you can file adoption petition under Hindu Adoption and Maintenance Act, 1956 (HAMA)
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