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Adoption of son by 2nd husband when divorce is done mutually .Sonis12.
04-Mar-2023 (In Divorce Law)
Hi,
I am Megha Goswami writing on behalf of my sis in law.My 2nd brother in law is looking forward to take the custody of my sis in law's son from her first marriage.The divorce between her and the former husband was done mutually and it was also mentioned that the custody of the child was granted to my sis in law.Can my new brother in law adopt him without any hassle??He has a daughter from his 1st marriage.He was a widower when he married my sis in law. We have no contacts with the former husband for almost 10 years and we really don't look forward to contact him as he had no financial standing to take care of my sis in law and the son..Please help us
The law of adoption i hope could be as easy as stated by you but it will not be termed as custody rather as adoption, the new father can only adopt the child only when the biological father provides a no objection certificate the new father can be jailed if in the near future the biological fathers erupts from somewhere and claims for his biological child. Detailed discussion is necessary
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Adv. Anath Bandhu Maitra
Kolkata | 50+ Answers
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It will not be termed as custody rather it will be termed as adoption, the adoptive father can only adopt the child only when the biological father provides a no-objection certificate, the adoptive father can be inprisoned, if in the near future the biological fathers erupts up from somewhere and claims for his biological child.
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Adv. Aveek Bose
Kolkata | 1000+ Answers
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adoption law for Hindus requires mutual consent of parents for adoption but in case where the consent of one or the other parent cannot be reasonably obtained the consent of the available parent will suffice. it is suggested that the adoption may be made through court which will make it full proof.
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Adv. Tanmoy Chattopadhyay
Howrah | 900+ Answers
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