ADOPTION DEED
Adoption can be defined as the statutory process of terminating a child's legal rights and duties towards the natural parents and substituting similar rights and duties towards adoptive parents. Adoption establishes a parent-child relationship between persons not so related by the birth of the child. For the parentless or the abandoned child, adoption means a balanced physical and psychological family environment and to the desirous parents, chances to become parents and experience family growth. It is one of the means of solving the problems of destitute and
orphans. A child for adoption must be under 18 years of age and unmarried and legally free for
adoption.
Adoption has no uniform law in India, but there are two legislations related to adoption namely:
1. Hindu Adoption and Maintenance Act, 1956
2. The Guardians and Wards Act, 1890
Procedure for In-country adoption
The prospective adoptive couple/single parent had to register their names with an Adoption co-ordination Agency or with a recognized placement agency.
The Home Study Report of the prospective adoptive couple/single parent will be prepared by a qualified social worker. The Home Study report takes into account all the attributes of a couple /single parent that would contribute to an effective parenthood.
After a Home Study has been accepted and approved, a child will be shown to the parent(s). If desired by the parents, the agency will take care to match a child meeting the desired description.
Once a successful matching has been done, the agency will file a petition in the Court/Juvenile Justice Board (JJB) for obtaining the necessary orders under the relevant Act. The above process will normally be completed in 6-8 weeks.
Procedure for Inter-country adoption:
The Supreme Court of India has laid down that every application from a foreigner/NRI/PIO (as
applicable) desiring to adopt a child must be sponsored by a social or child welfare agency
recognised or licensed by the Government or a Department of the Foreign Govt. to sponsor such cases in the country in which the foreigner is resident. The foreign agency should also be an agency ‘authorized’ by CARA, Ministry of Social Justice & Empowerment, Govt. of India. No
application by a foreigner/NRI/PIO for taking a child in adoption should be entertained directly
by any social or child welfare agency in India.
Criteria for Foreign Prospective Adoptive Parent/s (FPAP):
Married couples with 5 years of a stable relationship, age, financial and health status with reasonable income to support the child should be evident in the Home Study Report.
Prospective adoptive parents having a composite age of 90 years or less can adopt infants and young children. These provisions may be suitably relaxed in exceptional cases, such as older children and children with special needs, for reasons clearly stated in the Home Study Report. However, in no case should the age of any one of the prospective adoptive parents exceed 55 years.
Single persons (never married, widowed, divorced) up to 45 years can also adopt.
Age difference of the single adoptive parent and child should be 21 years or more.
A FPAP in no case should be less than 30 years and more than 55 years.
A second adoption from India will be considered only when the legal adoption of the first child is completed.
Same sex couples are not eligible to adopt.
GENERAL ADOPTION DEED
THIS DEED of adoption made on this_______________ day of______________between Sh._________ ,s/o____________________,r/o_______________ (hereinafter called "the adoptive father") of one part
AND
Sh.__________________s/o______________________r/o ___________________, (hereinafter called "the natural father") of the other part.
WHEREAS
1. The adoptive father has no issue, male or female, and having regard to his circumstances, he
has no expectation of having any issue.
2. The adoptive father and his wife want to adopt a child as their son/daughter.
3. The natural father has three children, all sons.
4. The adoptive father, with the consent of his wife, has approached the natural father for giving
In adoption one of his sons was named _______(name of the child).
5. The natural father has, with the consent of his wife, consented to his said son being given in adoption.
6. The ceremony of giving and taking in adoption has been duly performed along with other religious ceremonies customary with the parties on the day of ____________.
7. The parties considered it expedient and necessary that a proper deed of adoption be executed as an authentic record of adoption.
NOW THIS DEED WITNESSESETH AS FOLLOWS:
1. Declaration of Adoption
The parties hereto do hereby declare that the adoptive father has duly adopted the said child as his son from the day of _________ i.e. the day on which ceremony of giving and taking in adoption has been duly performed along with other religious ceremonies customary with the
parties.
2. Legal rights and liabilities of adopted son
The said son has been transferred to the family of the adoptive father and shall have, from the date of adoption, all the legal rights and liabilities of an adopted son.
3. Maintenance, etc. of adopted son
The adoptive father shall be liable for the maintenance, education and other expenses of the adopted son and shall bear all such expenses in accordance with his status.
IN WITNESS WHEREOF, the parties hereto have signed this deed this______________day of _________.
WITNESS:
1.
_____________________
THE ADOPTIVE FATHER
2.
____________________
THE NATURAL FATHER
------------------------------------------------------------------------ ADOPTION BY AN UNMARRIED HINDU WOMAN
THIS DEED of adoption made on this___________ day of ______________by
1. That I, ______________, am the only living daughter of Sh. ________________,s/o
