Legal Question in Family Law in India
Sirs,
1.My husband is convinced to adopt my son but we are not sure about the procedure for it. My lawyer says that adoption of step child is not possible as we can't make an adoption deed in your case. He says Hindu Adoption and Maintenance Act requires give and take procedure and how can i give my own child to my husband?
In case my lawyer is wrong, what should be the language of this particular adoption deed?
2.Or is it going to be applying for something like joint custody / my husband sharing the custody of my son ?
3.My divorce was an ex parte granted on the grounds of abandonment ( my ex husband hasn't turned up for last 8 years) but my divorce decree is silent about custody of my child. Do i need to get sole custody from court?
1 Answer from Attorneys
1. Under the H.A.M.A., the consent of biological father, if alive, is required for giving in adoption.
2. Your second husband can adopt the child only if the child is given in adoption with the consent of child's biological father.
3. If the child's father does not respond or is not heard of, you may apply to the local court for permission to give the child in adoption to your second husband. Of course, by giving in adoption to your second husband, you will remain the natural mother. In other words, the child will continue having both parents, you as mother and your second husband as father.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
