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Second marriage child adoption


17-Jan-2024 (In Divorce Law)
I got divorce 2 years back and it was a mutual consent. In mou it is mentioned that I am the sole and natural guardian and my ex has no visitation rights he has relinquish all the guardianship rights. Now my current husband wants to adopt my minor son who is 6 years old. Do we need any noc or consent from my ex?
Answers (5)

Answer #1
789 votes
If your previous husband has relinquished his rights qua the child and the same is recorded in judicial order then you would not require any NOC. However if you still face difficulty, we can take order from court for the same. For any further help feel free to contact Thanks
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Advocate Bhawana Pandey

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Answer #2
606 votes
It is advisable to get NOC from your former husband although not mandatory since you have the MOU. FYI- A no-objection certificate from the Central Adoption Resource Authority is not required if the Hindu adoptive parents have adopted a child directly from biological parents of the child.
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Advocate Abdullah Akhtar

Adv. Abdullah Akhtar

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Answer #3
575 votes
As per law, the biological parents are always the only parents considered by law. However, in cases such as yours, if the father has relinquished his guardianship rights throughout MOU and the same is filed in the court and recorded by the court, then you may not need the NOC of the father. But I would recommend you to take an NOC if he is willing to provide you the same.
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Advocate Sujeet Notwal

Adv. Sujeet Notwal

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Answer #4
701 votes
if the father has relinquished all guardianship rights over the child, your current husband can legally adopt him. it would be best to get a court order in this regard to eliminate any chance of future dispute. should you have any questions please feel free to contact me.
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #5
880 votes
as per the law governing custody of child. Natural father will always has right over the son although he has relinquished his right so if you current husband want to adopt him than he has to take no objection from you ex husband.
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Advocate Rajesh Kumar

Adv. Rajesh Kumar

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