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Procedure to adopt my late sister's daughter


04-Dec-2023 (In Family Law)
My sister is dead and her husband is an alcoholic and has abandoned their only girl child whose age is 10 years, the girl child is currently living with her maternal grandmother (that is my mother). I am the maternal aunt(i.e the girl child is my sister's daughter) of the girl child, my age is 40 and my husband's age is 45 we have one son whose age is 12, we have good financial situation and hence want to adopt my sister's daughter. Since the father of the child has abandoned the child and has also left the house and is living somewhere unknown to us, he does not pick our calls or any attempts to contact him. Hence the entire family thinks the best solution is we adopting the child. We have been told to register a deed of adoption, but since the father of the child is unreachable I want to know what the full procedure of adoption will be?
Answers (2)

Answer #1
633 votes
the proper way of doing this through court where both you and your husband will keep all the necessary documents and information to which the court will grant adoption of the child keeping in view and mind about the father in mind, who can come back any point to create rucuss
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Advocate Aveek Bose

Adv. Aveek Bose

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Answer #2
999 votes
there are two alternatives available before you. first get the child declared as abandoned and then proceed to adopt the child. it might involve a little coordination with the adoption agencies. the second is to get the approval of the child welfare committee for relative adoption due to death of the biological mother and abandonment by biological father. if the CWC accords permission for relative adoption then the process will be very smooth. where the only work left will be to get a formal court order to complete the process of adoption.
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Advocate Tanmoy Chattopadhyay

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