what are the formalities involved for Adoption of child by my husband

989 votes

Below is a deed of adoption format. Format may vary kindly talk to a person at Estate Office Chandigarh since the deed is to be registered here. Fill the details and file for adoption. Also consent of the biological father may be required but i am not 100% sure.


Deed of Adoption

THIS DEED OF ADOPTION is made and entered into at Thane this ____ day of ______,200- BETWEEN MR.A N, Adult, Indian Inhabitant of Thane, residing at_____________, Thane -, hereinafter referred to

as the 'ADOPTIVE FATHER' (which term and expression shall unless it be repugnant to the context or meaning thereof shall mean and include his heirs, executors, administrators and assigns) of the ONE PART A N D MRS. B N, Adult, Indian Inhabitant of Thane, residing at _____________________, Thane -, hereinafter referred to as the 'NATURAL MOTHER' (which term and expression shall unless it be repugnant to the context or meaning thereof shall mean and include her heirs. executors, administrators and assigns) of the SECOND PART A N D MASTER AD, a Minor, through her Natural Mother and Guardian, Mrs. B N, the Party of the Second Part herein, hereinafter referred to as the 'Adopted Son' of the THIRD PART.

WHEREAS the Party of the Second Part herein had married S R on 19.3.1993 at Bombay and after marrying Mr. S R, her name was Mrs. B R, hereinafter for the sake of brevity referred to as the 'Said Marriage'.

AND WHEREAS out of the Said Marriage, there has been a issue i.e. a Male Boy namely, "Ad", born on___________, hereinafter for the sake of brevity referred to as the Said Boy.

AND WHEREAS due to their difference of opinion the Party of the Second Part and her the then husband i.e. Shri S. R preferred a Petition No. AA___/___for Divorce by Mutual Consent in the Family Court at Bandar, Bombay and the Honorable Court was pleased the dissolve the Said Marriage vide their order passed below Exh. 6 on ___________besides awarding the permanent custody of the Said Boy to the Party of the Second Part herein, hereinafter for the sake of brevity referred to as the 'Said Order'

AND WHEREAS Mr. S R the Ex-Husband of the Party of the Second Part herein did not prefer any Appeal and/or revision against the Said Order and Judgment.

AND WHEREAS the Party of the First Part herein has married the Party of the Second Part herein and have registered their marriage at the office of the Sub-Registrar of Assurances (Marriage Officer), Thane vide Their Receipt No.______/_______ dated__________, hereinafter for the sake of brevity referred to as the 'Said Second Marriage'.

AND WHEREAS the Party of the First Part has married the Party of the Second Part herein, has decided to Adopt the Party of the Third Part herein as he is issueless and has married the natural mother of the Said Boy.

AND WHEREAS the natural mother (the Party of the Second Part herein) consented for the said adoption and on ______________ the physical act of giving and taking of the boy in adoption was performed, namely the natural mother gave the third party in adoption and the adaptor took the boy as adopted son accompanied by performance of Datta Homam.

AND WHEREAS the parties considered it necessary and expedient that a Deed of Adoption be executed so as to be authentic record of the Adoption having already taken place.

NOW THEREFORE THIS INDENTURE WITNESSETH AS FOLLOWS;

1. It is hereby declared that on _________ the party of the Second Part i.e. the Natural Mother of the Third Party gave in adoption her son "AD" to the Adopter who took the boy in Adoption. The Adopter took the boy in Adoption, the physical act of giving and taking was also accompanied by Datta Homam ceremony and in the presence of assembled brotherhood of the parties.

2. As a result of the aforesaid adoption the Third Party was transferred legally from the Natural Mother to the Parties of the First and Second Part herein and Adopter became entitled to all the rights and obligations of his Adopted Son.

3. The Adopted Boy by virtue of the Said Adoption has become member of the Coparcenary with his Adopted father and shall be entitled to inherit his self acquired property if indisposed of and shall be entitled to succeed to his Joint Ancestor's property by Survivorship except that if a legitimate son is born subsequent to his adoption, the right of inheritance of succession of the adopted son shall be regulated by Rule of the Hindu Law.

4. The Adopter, first party, shall be responsible for the maintenance and education of the adopted son and agrees to bring him up according to his status in life.

5. The Natural Father of the Said Boy having relinquished all his right, title, interest and claim over the said boy and Natural Mother having married the Party of the first part herein after her marriage having been dissolved by the Family Court, Bandra, Bombay and being continue to remain as Natural Mother of the Said Boy, question of taking any consent from anybody does not arise at all.

6. The Adopter shall not lay any claim hereinafter against the natural father for expenses incurred by him for the education and maintenance of the Said Boy/Adopted Son.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands to this on the day and year first hereinabove written

SIGNED, SEALED AND DELIVERED)

By the within-named Party of First Part)

In the presence of ____________________

SIGNED, SEALED AND DELIVERED)

By the within-named Party of Second Part)

In the presence of_________________ )

1)

2)

SIGNED, SEALED AND DELIVERED)

By the within-named Party of Third Part)

Through his Natural Mother

In the presence of_____________________)

Advocate Hargun Singh Bhatia LawRato

902 votes

You have to made adoption deed with the person to whom are going to remarry. And the consent of your ex husband is mandatory even you are divorcee. Only after his consent your second husband can adopt the child. Adoption deed should be registered one. Only then it will be valid adoption.

Advocate Manish Sharma LawRato

598 votes

All you need to make your current husband adopt your son from first marriage is to obtain an affidavit from your ex husband I mean your first husband is still a natural guardian of your son without his consent your 2nd husband cannot adopt a child.. Good luck

Advocate Parminder Singh Jassi LawRato