• Adoption under Hindu Adoptions and Maintenance Act, 1956 ("HAMA")

Since adoption deed of a Hindu child under HAMA is not mandatorily required to be registered and there are few cases wherein birth parents have come back to adopting parents after few years of adoption to revoke the adoption based on the fact that they were made to sign the adoption deed through force and co-oercion, is there any way to make such adoptions under HAMA legally full proof for adopting parents by getting the birth parents and adopting parents sign consent terms in front of a judge in a court?
Asked 4 years ago in Family Law
Religion: Hindu

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19 Answers

It is advisable to register deed of adoption 

 

2) biological parents  can apply to district civil court and obtain court permission to give child in adoption to adoptive parents 

Ajay Sethi
Advocate, Mumbai
96717 Answers
7797 Consultations

Well if adoption is done through a deed of adoption then it's very much a compulsorily regrettable deed.

So if the deed is registered then without the consent of adoptive family the deed can not be unilaterally cancelled. 

Another option is to follow a ritual and document it .

Otherwise complete the adoption procedure through the process of court under Hindu Adoption and Minority Act. 

Devajyoti Barman
Advocate, Kolkata
23181 Answers
510 Consultations

Adopt through CARA than there is no move back. And under HAMA, registered deed finalizes adoption and court permission required in some cases.

So once deed registered, excuse of force and co-oercion will not survive. And later adoptive parents move back , Family Court has jurisdiction to direct the adoptive parents to make a fixed deposit of as much amount in the name of the child:

 

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

Its better to follow with CARA adoption site and full process will be followed by the CARA officer further. You just need to fill up online adoption form and adoptive and biological parents details in it.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

Yes you can execute the adoption deed through court and get a consent terms filed before court by both the parties

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

Dear Client,

You may Adoption Deed registered either in Gujrat or Maharatra on the same day in the office of the Tehsildar.

Secondly, as per Supreme Court of India, Adoption Deed not necessary to be registered. You may got it drafted ind get it notorised. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Yes,Definitely you have special Legislative priorities and rights conferred upon you by Special Act known as THE HINDU ADOPTIONS AND MAINTENANCE ACT 1956, which deals with the provisions of adopting and adoptive parents. 

Section 6 (i) to (iv) deals with validity and eligibility requirements of Adoption under the Act.

You must be Hindu, adult,sound mind,capable of maintaining the child.

Section 7 to 17 deal with the parents of child and couples who wish to adopt the child.

You have to make application for adoption of child as Applicant before the court of law seeking permission to adopt the child.

After order you become parents of child.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Time period may be six months. 

The Act apply to whole of Union of States of India.

It equally extends jurisdiction to Gujrat and Maharashtra State. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

But why will they. Once child adopted, biological parents have no say neither can demand child back. After 18 years of age, child itself will decide than.

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

Your concern and anxiousness to make the process of adoption bulletproof and free from any loop holes is understandable as there have been cases where person giving in Adoption have made such claims to challenge adoption. 

However as per HAMA a valid adoption cannot be cancelled and there is a strong presumption of validity of adoption as per section 16, where there is a registered deed and the person challenging will have to bear heavy burden of proof if they choose to challenge such an adoption so you are legally sound after following the regular process and you need not worry.

Now since there is no provision for signing of adoption deed or recording of terms in front of the judge in HAMA I feel what you are suggesting is that the parents file a case before the court after the adoption is done in a pre decided and pre meditated way and then you both file a compromise application and obtain a consent decree as a proof of adoption so that they may not be able to question the adoption later on.

This has been known to be done and a consent decree doesn't take much time.

However if you follow the usual steps and perform a small ceremony which is recorded on camera and there is physical giving and taking of child and all other conditions of the act are fulfilled and the deed is registered thereafter, there is no need of taking that extra step since if there is an unscrupulous litigant then he may even try to challenge the consent decree on the ground of fraud so there is no end to this apprehension.

 

Varun Bhandari
Advocate, Kanpur
86 Answers

- Yes, under Hama registration is not mandatory , hence one should file a petition for adoption before the district court for adopting a child .

- Under section  9(4) of HAMA , Court permitted adoption under following conditions: - 

1. where both the father and mother are dead

2. where both the father and mother have completely and finally renounced the world,

3. where both the father and mother have abandoned the child

4. where both the father and mother have been declared to be of unsound mind

5. where the parentage of the child is not known

- If both the parties appear before the court for giving statement , then it will take 6 months time.

- You can file the petition for getting adoption deed , in Maharashtra i.e.where the adoptive parents reside. 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

In this situation it is hard to say specifically.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

A suit to declare the adoption as valid before the court competent would simplify the complicated matter by the judgment of court on the basis of documentary evidences and merits in your side. 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

The time taken for disposal of a case before a court cannot be predicted owing to several factors involved in it. 

The fact that the case has to be prosecuted properly in terms of legal facts and documentary evidences which will bring the agitating party for a compromise on mutually agreed terms. 

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

Once the adoption order has been finalized and registered , the biological parents have no legal ties with the child, and they cannot request the child's return or lay claim to the child.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

you will have to file suit before district court for declaration that the Adoption Deed executed by the petitioners and the natural parents of the child as valid and legal.  Section 16 of HAMA, 1956 creates a presumption of validity in favour of an adoption deed.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

The adoption deed should be registered as per guidelines of CARA to make it valid as per law.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

That can be possible butvthey may again challenge it and say that it was done due to coercion. Adoption s irrevocable and if they come back they have prove it very strongly before they get back the child.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

In one day the deed would be registered.

Rahul Mishra
Advocate, Lucknow
14103 Answers
65 Consultations

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