Adoption by step parent. I am remarried my new husband wants to adopt

912 votes

If the custody of your daughter is with you and the same is mentioned in your divorce order you and your current husband can execute deed of adoption the same can be registered and that will sufice the need.

Advocate Neelkanth Goswami LawRato

678 votes

Your second husband can adopt the child under the Hindu Adoptions and Maintenance Act, 1956. Biological father’s consent is required, but court can waive it if he is untraceable or has abandoned the child.

Advocate Pankaj Bajaj LawRato

649 votes

In matters of step-parent adoption where the biological father is untraceable, the legal framework prioritizes the welfare of the minor child over procedural technicalities. Since your daughter is 12 years old, her consent will be a primary factor in the proceedings. The process begins with your second husband registering as a prospective adoptive parent on the CARINGS portal under the Juvenile Justice (Care and Protection of Children) Act. Because the biological father has failed to provide maintenance and has completely severed emotional ties, he is legally viewed as having abandoned his parental responsibilities. To move forward without his signature, you must file a petition before the District Magistrate or the jurisdictional Family Court requesting the court to dispense with his consent. This application must be supported by evidence of his absence, such as a police report (missing person’s diary), copies of newspaper advertisements seeking his whereabouts, and affidavits from his relatives confirming he is missing. Once the petition is filed, the District Child Protection Unit (DCPU) will conduct a social investigation and a home study report to verify that the adoption serves the child’s best interests. In cases where the biological father’s absence is proven, the court or the District Magistrate has the power to waive the requirement for his consent and grant the adoption order in favor of your second husband. This order will legally terminate the biological father’s rights and replace his name with your husband’s name on the child's birth certificate and all other legal identification documents. However, if you face administrative hurdles or if the trial court/District Magistrate causes undue delay in processing the file, you have a powerful constitutional remedy. You can approach the High Court by filing a Writ Petition under Article 226 of the Constitution. Through this petition, you can seek a direction (Writ of Mandamus) to the lower authorities to conclude the adoption process within a strict, time-bound period. The High Court has the inherent power to intervene when the delay infringes upon the child's right to a stable family life or when the lower authorities are hesitant to pass orders due to the absence of the biological father. This ensures that the lack of cooperation from a missing parent does not stall the legal security of your daughter’s future.

Advocate Moksh Jain LawRato

943 votes

Being a step- parent adoption petition must be filed under the Hindu Adoption and Maintenance Act, 1956 (if Hindus) or under the JJ Act, 2015 (through CARA, if applicable).but the court will require proof of divorce, remarriage, child’s welfare, and evidence of the biological father’s abandonment/non-traceability. Upon satisfaction that adoption is in the best interest of the child, the court can dispense with the biological father’s consent and allow adoption.

Advocate Mahrukh Khan LawRato