Deed of Adoption

What is Deed of Adoption?

Adoption involves the creation of the parent-child relationship between individuals who are not naturally so related. The adopted child is given the rights, privileges, and duties of a child and heir by the adoptive family. It is a Legal document wherein all rights and responsibilities, along with filiation, from the biological parent or parents is transferred to adopted parents. 

Why is Deed of Adoption required?

A Deed of Adoption is required in order to declare that the adoption is taking place. Adoption can be concluded through a registered Adoption deed subject to compliance with the provisions of the Hindu Adoption and Maintenance Act. However, if Adoption is being taken place under the Juvenile Justice Act 2015, an Adoption Order finalizes adoption and a deed may not be required. 

What should a Deed of Adoption cover?

An Adoption Deed should cover the personal details of the adoptive parent(s) and the natural parents (as the case may be). The gender of the child being adopted, along with the age should also be mentioned. Apart from this, the will of the adoptive parents to adopt the child should be stated in clear words. The consent of the natural parents to give their child for adoption to the adoptive parents must also be stated. The fact of transfer of legal rights and liabilities of the adopted child to the adoptive parents is also to be stated, along with the duty of maintenance of the child by the adoptive parents. The Adoption Deed must also mention the date of adoption and bear signatures of adoptive parents and natural parents. 

Format for Deed of Adoption

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DRAFT OF DEED OF ADOPTION





THIS DEED OF ADOPTION is made and entered into at ____ this ____ day of ______,20___BETWEEN MR.A N, Adult, Indian Inhabitant of ____, residing at_______, hereinafter referred to as the 'ADOPTIVE FATHER' (which term and expression shall unless it be repugnant to the context or meaning thereof shall mean and include his heirs, executors, administrators and assigns) of the ONE PART and MRS. B N, Adult, Indian Inhabitant of___, residing at _____________________,-, hereinafter referred to as the 'NATURAL MOTHER' (which term and expression shall unless it be repugnant to the context or meaning thereof shall mean and include her heirs. executors, administrators and assigns) of the SECOND PART and MASTER AD, a Minor, through her Natural Mother and Guardian, Mrs. B N, the Party of the Second Part herein, hereinafter referred to as the 'Adopted Son' of the THIRD PART.

WHEREAS the Party of the Second Part herein had married S R on at____ and after marrying Mr. S R, her name was Mrs. B R, hereinafter for the sake of brevity referred to as the 'Said Marriage'.

AND WHEREAS out of the Said Marriage, there has been a issue i.e. a Male Boy namely, "AD", born on___________, hereinafter for the sake of brevity referred to as the Said Boy.

AND WHEREAS due to their difference of opinion the Party of the Second Part and her the then husband i.e. Shri S. R preferred a Petition No. AA___/___for Divorce by Mutual Consent in the Family Court at ______ and the Honorable Court was pleased the dissolve the Said Marriage vide their order passed below Exh. 6 on ___________besides awarding the permanent custody of the Said Boy to the Party of the Second Part herein, hereinafter for the sake of brevity referred to as the 'Said Order'

AND WHEREAS Mr. S R the Ex-Husband of the Party of the Second Part herein did not prefer any Appeal and/or revision against the Said Order and Judgment.

AND WHEREAS the Party of the First Part herein has married the Party of the Second Part herein and have registered their marriage at the office of the Sub-Registrar of Assurances (Marriage Officer),___vide Their Receipt No.______/_______ dated__________, hereinafter for the sake of brevity referred to as the 'Said Second Marriage'.

AND WHEREAS the Party of the First Part has married the Party of the Second Part herein, has decided to Adopt the Party of the Third Part herein as he is issueless and has married the natural mother of the Said Boy.

AND WHEREAS the natural mother (the Party of the Second Part herein) consented for the said adoption and on ______________ the physical act of giving and taking of the boy in adoption was performed, namely the natural mother gave the third party in adoption and the adaptor took the boy as adopted son accompanied by performance of Datta Homam.

AND WHEREAS the parties considered it necessary and expedient that a Deed of Adoption be executed so as to be authentic record of the Adoption having already taken place.

NOW THEREFORE THIS INDENTURE WITNESSETH AS FOLLOWS;

1.     It is hereby declared that on _________ the party of the Second Part i.e. the Natural Mother of the Third Party gave in adoption her son "AD" to the Adopter who took the boy in Adoption. The Adopter took the boy in Adoption, the physical act of giving and taking was also accompanied by Datta Homam ceremony and in the presence of assembled brotherhood of the parties.

2.     As a result of the aforesaid adoption the Third Party was transferred legally from the Natural Mother to the Parties of the First and Second Part herein and Adopter became entitled to all the rights and obligations of his Adopted Son.

3.     The Adopted Boy by virtue of the Said Adoption has become member of the Coparcenary with his Adopted father and shall be entitled to inherit his self acquired property if indisposed of and shall be entitled to succeed to his Joint Ancestor's property by Survivorship except that if a legitimate son is born subsequent to his adoption, the right of inheritance of succession of the adopted son shall be regulated by Rule of the Hindu Law.

4.     The Adopter, first party, shall be responsible for the maintenance and education of the adopted son and agrees to bring him up according to his status in life.

5.     The Natural Father of the Said Boy having relinquished all his right, title, interest and claim over the said boy and Natural Mother having married the Party of the first part herein after her marriage having been dissolved by the Family Court,_____and being continue to remain as Natural Mother of the Said Boy, question of taking any consent from anybody does not arise at all.

6.     The Adopter shall not lay any claim hereinafter against the natural father for expenses incurred by him for the education and maintenance of the Said Boy/Adopted Son.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands to this on the day and year first hereinabove written

SIGNED, SEALED AND DELIVERED)

By the within-named Party of First Part)

In the presence of ____________________

SIGNED, SEALED AND DELIVERED)

By the within-named Party of Second Part)

In the presence of_________________ )

1)

2)

SIGNED, SEALED AND DELIVERED)

By the within-named Party of Third Part)

Through his Natural Mother

In the presence of_____________________)

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Documents Required for Deed of Adoption

For an Adoption Deed, id proofs of both adoptive parents and natural parents should be scrutinized, in order to confirm the identities of the parties. The child’s birth certificate and medical test records should also be checked, along with other documents that a lawyer will guide you to collect before making an adoption deed. 

Procedure for Deed of Adoption

No set procedure is applicable in the making of an Adoption Deed. However, all the facts regarding the Adoption Deed should be discussed with the lawyer. Once the Adoption Deed is drafted, it should be examined by the parties. Once finalised, it should be signed by both the parties (i.e. adoptive parents and natural parents- as the case may be) and the witnesses. It is also to be printed on stamp paper of the correct value, depending upon the local laws of each state. A lawyer will be able to guide you whether registration is required to be carried out. 

Legal Considerations for Deed of Adoption

The ceremony of giving and taking of a child is necessary for making an adoption essentially valid. Child adoption can take place under Hindu Adoption and Maintenance Act, Juvenile Justice Act, Guardians and Wards Act. The Central Adoption Resource Agency is the main/central authority that facilitates adoption of children in India.  

How can a lawyer help to draft Deed of Adoption?

Adoption and the procedure involved can be overwhelming. One of the first and the most important steps that you must undertake is to hire a good documentation lawyer as he/she is aware of the nitty gritty of the legal procedures and necessary requirements involved in drafting of adoption deeds. A lawyer would draft such an agreement, better than you can yourself, since he/she has the necessary legal knowledge and experience to handle and draft such documents. He/She will be able to guide you and draft for you according to your particular situation -  the facts, circumstances and needs involved. A documentation lawyer is aware of good drafting technique and the clauses that must be included in your agreement. 

Hiring a good lawyer in order to draft such important legal documents is a prerequisite and will help you in more ways than one. He/She can also help with proper stamping and registration as the case may be. Even if you have received an adoption deed from the other party, it is the best step to hire a lawyer to proofread / vet the deed before signing, in order to ensure that the terms and conditions stated in deed are not against your interests.

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