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Birth Certificate Of Adopted Child
23-Aug-2023 (In Family Law)
Sir/Ma'm My friend's mom dad adopted a boy from their relative(mom's own sister). The deed was signed but wasn't registered and now my friend's mom and dad want the birth certificate of their adopted son but the municipal authority are not giving the certificate saying that the deed is not registered. The biological father of the son is a crook and now he doesn't want to sign on the new deed. What should they do. Can they use the old deed which is signed but not registered for obtaining the birth certificate? Please reply Thanks
No. An adoption is valid only after proper registration. Till then the biological parents are legal guardian of the child. In this case the adoption is invalid as well as retaining child forcefully will amount to criminal offence. So the rights of the adopted parents starts after only valid adoption.
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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Dear sir,
Adoption of a child can be done according to Hindu adoption and maintenance act and juvenile justice care and protection act. If the child and adapting parents are Hindu then they can adopt child according to HAMA. Adoption deed executed before the subregister in your jurisdiction. The biological parents must have given their consent without any compulsion or undue process. After registration the adoptive parents can apply birth certificate of their adopted child. Without adoption deed the adoptive parents will not be eligible to obtain birth certificate of your adopted child.
Adoption of a child can be done according to Hindu adoption and maintenance act and juvenile justice care and protection act. If the child and adapting parents are Hindu then they can adopt child according to HAMA. Adoption deed executed before the subregister in your jurisdiction. The biological parents must have given their consent without any compulsion or undue process. After registration the adoptive parents can apply birth certificate of their adopted child. Without adoption deed the adoptive parents will not be eligible to obtain birth certificate of your adopted child.
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Adv. Bisweswari Mohanty
Bhubaneswar | 100+ Answers
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You are advice to approach the civil court by filing a suit to declare that the boy is the adopted of them on the basis of the unregistered deed on the basis of decree of competent civil court you able to correct the certificate
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Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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