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Step parent adoption /GWA /HAMA /CARA


12-Jan-2026 (In Divorce Law)
In Akola Family Court, Maharashtra, after mutual divorce where biological father defaulted on ₹5000/month maintenance due to alcoholism/neglect, I’ve filed for sole custody/name change under Guardians & Wards Act . Criminal case (filed on ex-husband/family) now at argument stage—they seek mutual withdrawal . Can the compromise deed include a clause for ex-husband’s NOC/consent to my current husband’s stepfather adoption.will this be accepted by Cara.
Answers (2)

Answer #1
776 votes
No, this will not be accepted by Cara and you will need a separate NOC and affidavit from your ex husband. You can get this clause included in your mutual consent withdrawal deed. However, Cara will ask for a separate NOC and affidavit from your ex husband
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Advocate Keyur Kulkarni

Adv. Keyur Kulkarni

LawRato Mumbai | 100+ Answers
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Answer #2
509 votes
Answer: Yes. The compromise deed/Mutual Withdrawal Deed can include a clear clause of the biological father’s unconditional NOC/consent for step-father adoption in a Criminal Case. However, CARA will not act on such a compromise deed. Step-parent adoption is regulated by CARA under the JJ Act and Adoption Regulations, and CARA can insist on a separate notarised consent/affidavit (or a court order dispensing with consent due to neglect/non-maintenance). CARA’s role is procedural; it cannot override a court order, but it can refuse NOC if regulatory requirements are not met. If the guardianship court records the biological father’s consent or dispenses with it by a reasoned order → CARA must issue NOC. CARA cannot say “guardianship was unnecessary” or refuse NOC because a criminal compromise existed. The guardianship case actually strengthens the adoption and avoids CARA objections.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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