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Adoption of a relative's child from India
16-Oct-2023 (In Family Law)
We are NRI's, living in Singapore and need to adopt a girl child from India. The child is related to us (Adopting father's Maternal cousins daughter). The father of the child left us this January (at a young age of 29 yrs). The mother of the child plans for a remarriage and thus wish to give the child to us. The grandparents of the child is also fine with this decision.
Can you explain the process and is there a faster process to get this done properly / legaly.
Regards
If they are still Indian nationals-
Register an adoption deed here in India
Apply for change of name on passport on the the basis of the adoption certificate
Then apply for Singapore dependent visa
If they have renounced Indian citizenship-
The above process would have to be approved by the Consulate of Singapore here in India
Helpful?
Adv. Yash Karan Jain
Delhi | 400+ Answers
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In this regard, i advice you first enter into a adoption deed with biological parents and get it registered with SDM of the concerned jurisdiction and then in order to give authenticity, file a suit before District court for declaration that the Adoption Deed executed by the petitioners and the natural parents of the child as valid and legal. In the said suit, you have to lead evidence that giving and taking ceremony of the child was performed. Court will scrutinize the adoption deed which you will enter with her biological parent/s, as to whether the said deed bears the signature of biological parents and the adopted parents. Then court will pass order that adoption deed is valid and legal. Section 16 of HAMA, 1956 creates a presumption of validity in favour of an adoption deed. Section 16 states, "Whenever any document registered under any law for the time being in force is produced before any Court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the Court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved". For more clarity on the aspect, please feel free to contact.
Helpful?
Adv. Ujjwal Jain
Delhi | 200+ Answers
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