Adoption Deed for Child Adoption
Updated on 8 September, 2017
The steps involved in the Registration of an Adoption Deed are as follows:
1. The Adoption Deed is drafted / prepared by a legal expert / advocate.
2. Stamp Paper is purchased for the execution.
2. Date is fixed for the registration in the Sub Registrar office.
3. The Government registration fee is paid.
4. All the parties along with 2 witnesses visit the sub registrar office on the fixed day for the registration of Adoption Deed.
5. The Registered Adoption Deed is collected after a week.
The entire process generally costs between Rs.8,000 to Rs.11,000.
To get a legal Adoption Deed prepared and registered in Delhi, you may contact us at 8800418408.
Key Points on Adoption of a child in Delhi:
- The ceremony of giving and taking the child is essential for making an adoption legally valid.
- Under the Hindu Adoption and Maintenance Act, the right of adoption is available only to Hindus, Sikhs, Jains, and Buddhists , but not to Parsis, Jews, Christians and Muslims. The latter can however, adopt a child under the Guardian & Wards Act, 1890 after obtaining permission from the Court.
- Any Hindu can adopt a child provided he is of sound mind and a not a minor. A married male Hindu can adopt a son or daughter only after taking the consent of his wife. No consideration can be transferred for giving or taking a child in adoption.
- From the date of adoption, the child comes under the legal guardianship of the adoptive parents and will enjoy all benefits of inheritance and property etc. of the adoptive family. All the ties of the child to his original family of birth are severed and he is deemed to be the child of the adoptive parents. In case of an HUF, he becomes a co parcener with an equal share in the property of the HUF.
- The right to adopt a child is a fundamental right under Article 21. It has been held by the Courts that right to life under Article 21 includes all things which make one's life meaningful.
- No consideration can be paid for giving or taking a child in adoption. If any person violates this rule, he can be punished with an imprisonment for a term of upto 6 months or with fine or both.
- The adopted child can be of either sex - male or female. But the child must be a Hindu and unmarried.
- Only a child of an opposite sex can be adopted by the parents. This means that if the parents already have a son in their family, they cannot adopt a male child and if they are already having a daughter, they cannot adopt a female girl child.
Registration of Adoption Deed
Section 16 provides that if the adoption deed is registered, it shall be presumed that the Adoption has been done after complying with the provisions of the Hindu Adoption and Maintenance Act. Thus, it is highly recommended to get the adoption deed registered in the concerned Sub Registrar Office to avoid possibilities of any legal complication or disputes in the future. Moreover, if the adoption deed creates an interest in any immoveable property, its registration becomes compulsory. A registered adoption deed is compulsory in case of applying for Visa / Passport of the child for immigration / overseas studies etc. A registered adoption deed is also necessary for updating / changing the name of the father / mother in the Passport and Birth certificate of the child. A Birth certificate cannot be corrected/updated on the basis of unregistered partition deed.
We provide services for the Drafting and Registration of Adoption Deed all over Delhi .
How to, Central Adoption Resource Authority (CARA), Enlisted Foreign Adoption Agency (EFAA), Recognised Indian Placement Agency (RIPA), VISA ,Birth Certificate, Passport
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