• Can I adopt girl child of my wife from her previous marriage

In November 2005 I married a woman who was granted exparte divorce and was having a 3 year old girl child from her last marriage. The biological father of the child has never cared for the child. Since her birth in 2002 and after divorce in 2005 the child is under the custody of my wife only. The father has been a drunkard, been cruel to both the child and her mother and has never claimed the custody of the child. In fact since the divorce proceedings began in 2004 he has never ever appeared at the court or contacted. Under these circumstances can I adopt the child (now 11 yrs old) as my daughter? All the needs and requirements of the child is being met by me as if she is my own biological daughter.
Asked 10 years ago in Family Law
Religion: Hindu

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5 Answers

no you cannot do so . the consent of biological father is must . then only Deed of adoption can be prepared wherein natural parents give child to you in adoption

Ajay Sethi
Advocate, Mumbai
96766 Answers
7804 Consultations

you can not adopt without the consent of biological father

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

The consent of biological father of child is indispensable regardless of whether he has discharged or not his responsibilities as a father. She cannot be adopted without his consent.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

you have to get the consent of biological father for proper legal adoption

Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

Hi, consent of the child father is must.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

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