Legal Question in Family Law in India
Adoption
I am about to marry a divorced
woman. She has a child, born for
the fisrt husband. I need to know
the formalities of adopting that
child.
2 Answers from Attorneys
Re: Adoption
In terms of Section 9 of the Hindu Adoptions and Maintenance Act, 1956, the father alone shall have the right to give in adoption.
There is no provision in the Act dealing with the divorced parents of a child.
However, the Court is entitled to appoint a guardian for the child, and the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself.
In the present case, the mother may first seek guardianship of the child and permission of the court for including you as the adoptive father (she will, of course, remain the mother).
Re: Adoption
You may take the adoption as accordinG to HINDU ADOPTION AND MAINTENANCE ACT.But before taking adoption you haveto take the permission of the father.