Legal Question in Family Law in India
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 and 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 daughter.
2 Answers from Attorneys
you will still need the consent of the biological father or may have to file a case seeking the adoption of the child.
Since the biological father did not appear in court, you may adopt with permission of the court.