Adoption Of Deed
It is a piece of legal documentation that transfers all rights and duties, as well as the child's filiation, from the biological parent or parents to the adoptive parent or parents.
Easy Process and Documentation
- Application form for adoption
- Identity proof of the adoptive parents
- Marriage certificate of the adoptive parents
- Income certificate of the adoptive parents
- Medical fitness certificate of the adoptive parents
- Police verification report of the adoptive parents
- NOC from the biological parents
- Court order for adoption
- Home study report
- Adoption deed or agreement
- Affidavit declaring no biological relation with the child
- Birth certificate of the child
- Medical history of the child
Process, Service Charges, Time duration
- When you send us your paperwork, our experienced staff will review your paperwork with local government officials to determine the service’s cost, feasibility, and completion date. After a quote has been given, it remains fixed. Location affects project duration and cost. Send us your documents and specific requirements to get a price and turnaround estimate.
- On an average Procurement takes four to six weeks.
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What is the Adoption Deed?
Adoption is the process of establishing a parent-child relationship between individuals who are not biologically connected to one another in this way. The adoptive family is responsible for providing the adopted kid with all of the rights, benefits, and responsibilities that come along with being a child and an heir. It is a piece of legal paperwork that transfers all rights and duties, as well as the child’s filiation, from the biological parent or parents to the adoptive parent or parents.
Why is an Adoption Deed required?
To declare that the adoption is going place, a Deed of Adoption is required. Adoption can be finalized by a registered Adoption deed if the provisions of the Hindu Adoption and Maintenance Act are followed. Adoption under the Juvenile Justice Act 2015, on the other hand, is finalized by an Adoption Order, and a deed may not be necessary.
What should be included in a Deed of Adoption?
The Adoption Deed should include the personal information of the adoptive parent(s) and the biological parent(s), as applicable. The age and gender of the infant being adopted should also be specified. In addition, the adoptive parents’ intent to adopt the child should be stated in plain language. The consent of the biological parents to the adoption of their child by the adoptive parents must also be stated. The transfer of legal rights and responsibilities of the adopted child to the adoptive parents must also be stated, along with the adoptive parents’ obligation to support the child. The Adoption Deed must also include the date of the adoption and the signatures of both the adoptive and natural parents.
Format for Adoption Deed
THIS DEED OF ADOPTION is made and entered into at ____ this ____ day of ______,20___BETWEEN MR.A N, Adult, Indian Inhabitant of ____, residing at_______, hereinafter referred to as the ‘ADOPTIVE FATHER’ (which term and expression shall unless it be repugnant to the context or meaning thereof shall mean and include his heirs, executors, administrators and assigns) of the ONE PART and MRS. B N, Adult, Indian Inhabitant of___, residing at _____________________,-, hereinafter referred to as the ‘NATURAL MOTHER’ (which term and expression shall unless it be repugnant to the context or meaning thereof shall mean and include her heirs. executors, administrators and assigns) of the SECOND PART and MASTER AD, a Minor, through her Natural Mother and Guardian, Mrs. B N, the Party of the Second Part herein, hereinafter referred to as the ‘Adopted Son’ of the THIRD PART.
WHEREAS the Party of the Second Part herein had married S R on at____ and after marrying Mr. S R, her name was Mrs. B R, hereinafter for the sake of brevity referred to as the ‘Said Marriage’.
AND WHEREAS out of the Said Marriage, there has been a issue i.e. a Male Boy namely, “AD”, born on___________, hereinafter for the sake of brevity referred to as the Said Boy.
AND WHEREAS due to their difference of opinion the Party of the Second Part and her the then husband i.e. Shri S. R preferred a Petition No. AA___/___for Divorce by Mutual Consent in the Family Court at ______ and the Honorable Court was pleased the dissolve the Said Marriage vide their order passed below Exh. 6 on ___________besides awarding the permanent custody of the Said Boy to the Party of the Second Part herein, hereinafter for the sake of brevity referred to as the ‘Said Order’
AND WHEREAS Mr. S R the Ex-Husband of the Party of the Second Part herein did not prefer any Appeal and/or revision against the Said Order and Judgment.
AND WHEREAS the Party of the First Part herein has married the Party of the Second Part herein and have registered their marriage at the office of the Sub-Registrar of Assurances (Marriage Officer),___vide Their Receipt No.______/_______ dated__________, hereinafter for the sake of brevity referred to as the ‘Said Second Marriage’.
AND WHEREAS the Party of the First Part has married the Party of the Second Part herein, has decided to Adopt the Party of the Third Part herein as he is issueless and has married the natural mother of the Said Boy.
AND WHEREAS the natural mother (the Party of the Second Part herein) consented for the said adoption and on ______________ the physical act of giving and taking of the boy in adoption was performed, namely the natural mother gave the third party in adoption and the adaptor took the boy as adopted son accompanied by performance of Datta Homam.
AND WHEREAS the parties considered it necessary and expedient that a Deed of Adoption be executed so as to be authentic record of the Adoption having already taken place.
NOW THEREFORE THIS INDENTURE WITNESSETH AS FOLLOWS;
1. It is hereby declared that on _________ the party of the Second Part i.e. the Natural Mother of the Third Party gave in adoption her son “AD” to the Adopter who took the boy in Adoption. The Adopter took the boy in Adoption, the physical act of giving and taking was also accompanied by Datta Homam ceremony and in the presence of assembled brotherhood of the parties.
2. As a result of the aforesaid adoption the Third Party was transferred legally from the Natural Mother to the Parties of the First and Second Part herein and Adopter became entitled to all the rights and obligations of his Adopted Son.
3. The Adopted Boy by virtue of the Said Adoption has become member of the Coparcenary with his Adopted father and shall be entitled to inherit his self acquired property if indisposed of and shall be entitled to succeed to his Joint Ancestor’s property by Survivorship except that if a legitimate son is born subsequent to his adoption, the right of inheritance of succession of the adopted son shall be regulated by Rule of the Hindu Law.
4. The Adopter, first party, shall be responsible for the maintenance and education of the adopted son and agrees to bring him up according to his status in life.
5. The Natural Father of the Said Boy having relinquished all his right, title, interest and claim over the said boy and Natural Mother having married the Party of the first part herein after her marriage having been dissolved by the Family Court,_____and being continue to remain as Natural Mother of the Said Boy, question of taking any consent from anybody does not arise at all.
6. The Adopter shall not lay any claim hereinafter against the natural father for expenses incurred by him for the education and maintenance of the Said Boy/Adopted Son.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands to this on the day and year first hereinabove written
SIGNED, SEALED AND DELIVERED)
By the within-named Party of First Part)
In the presence of ____________________
SIGNED, SEALED AND DELIVERED)
By the within-named Party of Second Part)
In the presence of_________________ )
SIGNED, SEALED AND DELIVERED)
By the within-named Party of Third Part)
Through his Natural Mother
In the presence of_____________________)
Documents Required for Adoption Deed
ID proofs of both adoptive and natural parents should be checked for an Adoption Deed in order to validate the identity of the parties. The child’s birth certificate and medical test records, as well as other documents that a lawyer will advise you to gather before making an adoption deed, should be reviewed.
Process for Deed of Adoption
There is no defined protocol for drafting an Adoption Deed. However, all aspects of the Adoption Deed should be examined with a lawyer. The parties should review the Adoption Deed once it has been written. Once completed, it should be signed by both parties (adoptive parents and natural parents, where applicable) and witnesses. It must also be printed on stamp paper of the appropriate value, according to state rules. A lawyer will be able to advise you on whether registration is necessary.
Legal Considerations for the Deed of Adoption
The ceremony of giving and receiving a child is required for an adoption to be legally legitimate. Child adoption may take place under the Hindu Adoption and Maintenance Act, the Juvenile Justice Act, and the Guardians and Wards Act. The Central Adoption Resource Agency is the main/central body in India that enables child adoption.
How can a lawyer help draft a Deed of Adoption?
Adoption and the process can be hard to understand. One of the first and most important things you need to do is hire a good documentation lawyer. This is because a good documentation lawyer knows all the legal processes and requirements for writing adoption papers. A lawyer would write up such an agreement better than you could because he or she has the legal knowledge and experience to deal with and write up such papers. He or she will be able to give you advice and write the letter for you based on your facts, circumstances, and needs. A paperwork lawyer knows how to write good contracts and what terms need to be in your deal.
To write such important legal papers, you must hire a good lawyer, who will help you in more ways than one. He or she can also help with the right marking and filing, if needed. Even if the other party has given you an adoption contract, you should still hire a lawyer to look it over before signing it to make sure that the terms and conditions are not against your interests.