Legal Question in Family Law in India
We have legally adopted our daughter 1.5 years back from the gentleman who already has 1 son and 2 daughters (ours was his 3rd daughter). we have this only daughter. that gentleman is no more a gentleman for us and has disturbed our lives so much by asking our daughter back that we have finally decided to return our daughter back.
now the onus is upon him (& his lawyers) to find a legal resource for it.
What is the possibility that he can legally take/adopt our daughter or get the adoption deed cancelled?
if yes, what should we do in these circumstances?
if no, is it advisable to just sign on stamp papers and return our daughter (if this will not arise any complications in future?)
2 Answers from Attorneys
for all legal purposes, adopted child is now your daughter. The donors cannot take them back forcibly except that you want to give this daughter in adoption to the biological parents. For that rules of adoption have to be applied fresh. so, this being only child of yours, you cannot give this child in adoption to any one else including its biological parents. Any agreement to the contrary would be illegal. the only remedy could be that they challenge your adopting the child from them, in the court of law to which you do not object and then and then alone they may get the child back by getting the adoption deed cancelled by court of law. In that event, you will ensure to get a declaration that the child have no right in your properties because of the cancellation.
in case you adoption is valid as per law, the adoption may not be cancelled. however it would depend upon the facts of the case. why you want to return the daughter?
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