Can the parental rights be transfered from one couple to another?

Question

Can the parental rights be transfered from one couple to another?

22-Jan-2024 (In Family Law)

In other words, can a parent give away their child to someone else (with all the legal rights) ? is it religion dependent? Does it involve, giving away (abandoning) the child to an orphanage, and then asking the second couple to adopt the same child from the orphanage? But then abandoning a child is a crime under section 317. Suppose there exists a way to transfer the parentship, but then what about the inheritance of the child from his/her biological parents?

Answers (5)

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Advocate Abdullah Akhtar LawRato · Accepted Answer · 2024-01-22T14:59:34+05:30

Answer #1

If a child is legally adopted, he/she will have the same rights to his father's property as the biological offspring. However, according to the Hindu Adoptions and Maintenance Act, 1956, the adopted child will have no legal right to his biological parents' self-acquired or coparcenary property.

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Advocate Kunal Seth LawRato · Accepted Answer · 2024-01-22T16:00:12+05:30

Answer #2

the father as legal garden of the child can give up the child for adoption. where is no need to abandon the child or give it to an orphanage but the child may be given straight away to the adoptive parents. once the child is given up for adoption he becomes the legal heir of the adoptive parents and has no legal right on the properties of the biological parents.

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Advocate Deepak Singh LawRato · Accepted Answer · 2024-01-22T16:05:01+05:30

Answer #3

If there is already a court-ordered guardianship but someone else wants to be appointed the guardian, either as a replacement guardian or a co-guardian to help the current guardian, the person can file a Petition for Appointment of Successor/Co-Guardian.

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Advocate Ashutosh Kumar Mishra LawRato · Accepted Answer · 2024-01-22T18:15:50+05:30

Answer #4

Your query needs very detailed answer. On the basis of limited set of fact you are asking, section 317 of IPC is definitely at play here and no child could be given by parents for adoption in normal course as per HAMA,1955.. Need more facts for clarity

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LawRato LawRato · Accepted Answer · 2024-01-24T21:18:00+05:30

Answer #5

the question here pertains to a lot of queries and just to answer your query let me proceed one by one. yes a parent can give away their own child to someone else and it is not religion dependent. talking about crime of abandoning the child is applicable if the child is abandoned and not within anyone's custody. inheritance is dependent on documentation by the parents. but this part is not clear from your query.

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