Legal Question in Family Law in India
adoption cancellation
after giving my male child for adoption to a childless couple i came to know the bad health condition of adopted mother & the the adopted parents not having good healthy relationship with each other so if i wish to take the child back whats the procedure legally
5 Answers from Attorneys
Re: adoption cancellation
There is no provision in law for cancellation of a validly made adoption. You may file a civil suit challenging the basis of your 'consent' given initially for adoption being based upon misrepresentation or fraud.
Re: adoption cancellation
you need to cancel the adoption deed by serving a notice to the adoptive parents and in case they object, you may file a suit for cancellation of adoption and as an interim relief, seek the custody of the child.
Re: adoption cancellation
You are not allowed to cancel the adoption once you made,whether knowingly the fraud or misconception or unknowingly because at the time of adoption the Registrar of Adoptions would have asked you about your willingness and never seeking back the custody or guardianship at any point of time.Particularly in your case the your claim is that the mother adopted the child is illhealthy,but there is a certificate which must have been submitted by the parents adopted your child which is called MEDICAL REPORT OF THE PROSPECTIVE ADOPTIVE PARENTS.In my opinion the rules of adoption confirmed that the adoptive parents should submit the certificate as above how can you contradict the rule.So your claim does not have any stand.
Re: adoption cancellation
there is no provision of cancellation of adoption deed in law however you have to seek declaration from the court on the ground of fraud.
Re: adoption cancellation
contact a local sr lawyer.