Legal Question in Family Law in India

Re: legal position of the adopted child in case of divorce

As per indian law though the father ammount to be natural guardian ogf the child which also applies in adopted child. In case of child under 5 years of age mother is the natural guardian.In case of divorce the court prefer mother to be appointed guardian of the girl child as after a certain age it is mother only who can guide the child properly in comparison to father but at time exception also prevail.

Re: legal position of the adopted child in case of divorce

adopted child is considered real child of the adoptive family.

all rights and duties are like real child.

as per law till 5 years of age the girl remains with mother but some factors may change the position

Re: legal position of the adopted child in case of divorce

In law there is no difference between an adopted child and natural born child. If the parents decide to divorce after adoption, the custody issue will be decided in same way as it would be adjudicated for a natural born child; since the child is female and below five, the custody should go the mother unless she is unwilling.

SUDERSHAN GOEL, ADVOCATE

Re: legal position of the adopted child in case of divorce

Both have to maintain the child till her/his majority and the adoptive father and mother have no right to dispose or transfer the property of the adoptive child in any stands in her or his name.

If the adoptive parents decided to file divorce than they have to create the provions for the maintenance of the child. They cannot refuse the cusdoy. Court will decide all these issues while granting divorce. Even the court may sent child to some hostel or care foster home at the expence of the adoptive father and mother if they failed to arrive to any conclusion. For further qurey you consult me or any lawyer