• Legal Advice Needed: Adoption Documentation Concerns After Retirement

Background:
I'm a 70-year-old retired police man from a Hindu joint family. I was reportedly adopted by my uncle (Late Sh D. Rai) when I was 2 years old (around 1956). My biological father (Late Sh N. Rai) was my adoptive father's elder brother. All parties involved, including both my biological and adoptive parents, have since passed away.
Key Points:

Career History:

Served in State Police, retired in 2014 as ASI/LDC
Throughout my service, my adoptive father's name was used in all official documents
Initial recruitment papers and appointment letter listed my adoptive father's name
There was/is no mention of either name of my biological or adoptive father in my matriculation mark sheet or Board pass certificate, except my name, DOB, and roll number etc due to the then existing System of the Board.

Current Documentation Status:

No formal adoption papers available
Have a notarized affidavit from my adoptive father stating he adopted me at age 2
Have a supporting notarized affidavit from my aunt
All current official documents (Aadhaar, PAN, Voter ID, Bank accounts, pension papers) list my adoptive father's name

Family Structure:

Part of a joint family with 4 brothers and 1 sister
I am the eldest among siblings
Was raised in biological parents' home for education while adoptive father served elsewhere

Concern:
I'm worried about potential future complications for myself and my children due to the lack of formal adoption documentation. My adoptive father's name has been used in all official records throughout my life and career, but there are no formal adoption papers.
Query:
What legal steps should I take to regularize my adoption status and protect my children from any future complications? Need advice on the proper course of action to ensure legal validity of my adoption.
Asked 2 months ago in Civil Law

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9 Answers

For valid adoption among Hindus it is necessary that there should be giving and taking ceremony 

 

2) deed of adoption ought to have been executed 

 

3) After adoption, your original birth certificate should be amended to reflect your adoptive parents as your legal parent

 

4) in your case there is no record of any formal adoption 

 

4) If official documents are missing, credible witnesses who were present at the adoption ceremony can provide valuable testimony in court

 

5) in the case of Thavamani vs. The Special Tahsilar (ADW) Devakottai and another, it has been held that in the case Kirhori Lal v Mt. Chalibai [AIR 1959 SC 504] the Honourable Supreme Court observed: "An adoption results in changing the course of succession, depriving wives and daughters of their rights and transferring properties to comparative strangers or more remote relations it is necessary that evidence to support it should be such that it is free from all suspicions of fraud and so consistent and probable as to leave no occasion for doubting its truth.


6) In the case of a Hindu, long recognition as an adopted son, raises a strong presumption in favour of the validity of his adoption, arising from the possibility of the loss of his rights in his own family by being adopted in another family. In the case of an ancient adoption evidence showing that the boy was treated by relations, including the person who later on challenges the same, for a long time as the adopted son at the time when there was no controversy is sufficient to prove the adoption although evidence of actual giving and taking is not forthcoming.

Ajay Sethi
Advocate, Mumbai
98178 Answers
7982 Consultations

If  can’t regularise the same and your children will not have any legal issues for your being not having proper legal documents for adoption 

you don’t raise the issue yourself just counter the same legally if it’s raised by anyone 

Prashant Nayak
Advocate, Mumbai
33338 Answers
219 Consultations

Your adoption is governed by Hindu law expounded by ancient texts as at the time of your adoption neither Hindu Adoption and Maintenance Act, Juvenile Justice Act nor Adoption Regulations, 2022 were in force. What was required then was only the act of giving the  boy by biological father  and taking of the  boy by adoptive father, no documents were required then. “The giving and receiving are absolutely necessary to the  valid adoption. They are the  operative part of the  ceremony, being that part of it which  transfers the  boy from one family to another.” This is the  law laid down in 1980 by Madras High Court in Ranganayakamma v. Akwar Setti and still valid. But there is some gray area, admitted by you, “Was raised in biological parents' home for education while adoptive father served elsewhere.” Transfer of boy to adoptive family is necessary condition.  

Proof in favor of adoption far outweigh the proof against it. Documents available are sufficient to demolish andy challenge to adoption.  

Ravi Shinde
Advocate, Hyderabad
4790 Answers
42 Consultations

Dear client: The Supreme Court has ruled that the mere registration of an adoption deed does not absolve a person from proving the fact of adoption.


Bombay High Court ruling
The Bombay High Court has ruled that if there are other documents which can sufficiently establish the claims of adoption, then an adoption deed is not needed.

Like photos with adoptive parents,  all ur educational documents and other documents..and where ever ur adoptive parents did signature in ur school, collage or any other documents in. parents signature Calum..

And u can also prepare a Affidavit by declaring about ur adoption by mentioning all details like adoption date , ur age at the time of adoption,  and about ur educational documents and other documents which has Father's name ( adoptive Father's name) .. 

By submitting all these things r sufficient to prove ur adoption 

Kavery Anand Pandharpurkar
Advocate, Bangalore
338 Answers
12 Consultations

At this stage, since your service records and other personal identity cards are having your adoptive father's name alone, you were recognised as the son of your adoptive father all through  your life and to establish the facts, your identity proofs, service  records corroborate your status as adopted son of your adoptive father.

Besides, you have an affidvit also to prove the adoption hence in my opinion your worries at the age of 70 years in this regard is unnecessary. 

Your children should not face any problem due to your adoption status. 

T Kalaiselvan
Advocate, Vellore
88376 Answers
2393 Consultations

Dear Client,

 

Since you were adopted informally in 1956 without formal adoption papers, but your adoptive father's name has been consistently used in all official records, you need to take legal steps to protect your and your children's rights. Here’s a step-by-step approach to regularize your adoption status and avoid future complications:

 

1. Legal Recognition of Your Adoption Without Formal Papers

Since your adoption happened before the Hindu Adoptions and Maintenance Act, 1956 (HAMA) came into force, the law does not require a registered adoption deed for adoptions prior to 1956.

Courts have upheld that consistent use of the adoptive father’s name in official records, along with supporting affidavits, is strong evidence of adoption.

You can legally establish adoption through supporting documentation and a declaratory suit.

2. Steps to Legally Confirm Your Adoption Status

Step 1: Collect and Preserve All Existing Documentation

 

✅ Government Documents Showing Adoptive Father’s Name

 

Police Service Record & Pension Papers

Aadhaar, PAN, Voter ID, Ration Card

Bank Passbooks, Property Documents

✅ Affidavits & Witness Statements

 

Your notarized affidavit from your adoptive father

Affidavit from your aunt and any other elder family members confirming adoption

Any old letters, documents, or evidence proving the family accepted the adoption

Step 2: File a Declaratory Suit in Civil Court

 

Since you lack formal adoption papers, you should file a declaratory suit in the district civil court under Section 34 of the Specific Relief Act, 1963, seeking a judicial declaration that you were adopted by Late Sh. D. Rai.

Evidence Required for Court:

Government records showing your adoptive father’s name

Affidavits from family members (preferably notarized before their death)

Proof of upbringing and support by the adoptive father

Step 3: Get a Succession Certificate (If Property Inheritance Is a Concern)

 

If you expect disputes over inheritance or succession rights, you can apply for a succession certificate in the civil court to establish your legal status as your adoptive father’s heir.

This will help in claiming property rights and avoiding disputes with siblings or extended family.

Step 4: Publish a Public Notice (Optional, for Extra Security)

 

To prevent any future legal challenge, you may issue a public notice in local newspapers stating that you have been legally using your adoptive father’s name for decades.

If no one objects within 30-60 days, this strengthens your legal position.

3. Benefits of Taking These Legal Steps

✅ Protects your legal identity and your children’s rights

✅ Avoids future disputes over inheritance, pensions, or property

✅ Ensures legal validity of adoption in case of government verification

✅ Provides a strong defense in case of legal challenges in court

 

4. Conclusion & Next Steps

File a declaratory suit to confirm adoption legally.

Gather all supporting documents & affidavits as proof.

If property rights are involved, get a succession certificate.

Consider publishing a public notice for added legal protection.

Anik Miu
Advocate, Bangalore
10570 Answers
123 Consultations

After adoption the child belongs to adoptive family so after adoption adoptive child use the name or surname and guardianship of adoptive father. There are few formalities also for confirming adoption. Notarised affidavit has no legal validity for others but estop the executor of affidavit. However, your official documents prove your adoption. Your adoptive parents could give public notice confirming your adoption. 

Siddharth Srivastava
Advocate, Delhi
1536 Answers

  1. Adoption Deed (Now Not Possible) – Since adoption should be formally documented before 18 years of age, you cannot create an adoption deed now.

  2. Court Declaration (Best Option) – File a declaratory suit in a civil court seeking recognition of adoption based on:

    • Your notarized affidavits from your adoptive father & aunt.
    • Consistency of your adoptive father’s name in all official records.
    • Witnesses from the family confirming the adoption.

  3. Succession Planning:

    • If property rights are a concern, ensure your children’s names are added in legal heirs’ records or have a registered will stating their inheritance.
    • You can also publish a public notice in a newspaper stating the facts of adoption to avoid future disputes.

  4. Government Records Update (If Needed): Since your adoptive father’s name is already in all official records, no urgent action is required unless authorities demand further proof.


Next Steps:

  • Consult a civil lawyer for filing a declaratory suit.
  • If property is involved, ensure a registered will to protect your children’s rights.


For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
953 Answers
5 Consultations

Dear sir,

Since the name of your adoptive father reflects in your documents, you are entitled to get all the property inherited/earned/left by your adoptive parents. 

Ganesh Singh
Advocate, New Delhi
6854 Answers
16 Consultations

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