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Adoption during separation and divorce proceedings
30-May-2025 (In Divorce Law)
Can a wife adopt a child during divorce proceedings ongoing and separation?
A wife can adopt a child during divorce proceedings only under certain conditions. Under Hindu law, if she is not legally divorced, she needs the husband's consent unless there's a final and complete separation. Legal proof of separation (like a court order) may be required. Under the JJ Act, single women of any religion can adopt following CARA guidelines. Thus, adoption is possible but subject to legal conditions and procedures.
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Adv. Nidhi Mathur
Delhi | 50+ Answers
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Yes, a wife can adopt a child individually under the Juvenile Justice (Care and Protection of Children) Act, 2015, even during divorce proceedings, provided she is legally separated or has the consent of the spouse. As per CARA (Central Adoption Resource Authority) guidelines, a single woman is eligible to adopt, and the ongoing divorce case does not automatically disqualify her. However, the adoption agency and court will consider her financial and emotional capacity before approving the adoption.
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Adv. Sachin Jain
Delhi | 25+ Answers
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