Table of Contents
What is the Adoption Deed format for adoption by an Unmarried Hindu woman?
As per the Hindu Adoption and Maintenance Act of 1956, any woman who is above the age of 18 and who is unmarried can adopt a child. Section 8 of the Act inter alia provides that any female Hindu who fulfills other requirements and is not married (unmarried, divorced, or widow) can adopt a son or daughter.
Adoption involves the creation of the parent-child relationship between individuals who are not naturally so related. The adopted child is given the rights, privileges, and duties of a child and heir by the adoptive family. It is a Legal document wherein all rights and responsibilities, along with filiation, from the biological parent or parents is transferred to adopted parents.
Need for Adoption Deed format for adoption by an Unmarried Hindu woman Draft Format
A Deed of Adoption is required in order to declare that the adoption is taking place. Adoption can be concluded through a registered Adoption deed subject to compliance with the provisions of the Hindu Adoption and Maintenance Act. However, if Adoption is being taken place under the Juvenile Justice Act 2015, an Adoption Order finalizes the adoption and a deed may not be required.
FAQs for Adoption Deed format for adoption by an Unmarried Hindu woman
Q1. Does an unmarried Hindu female adopt a child?
Ans – Hindu Unmarried women can legally adopt a child [A girl or boy]. There are different circumstances under which an unmarried man may adopt a child. If a married man adopts a child his wife is considered as the child’s mother.
Q2. Can a single unmarried woman adopt a child?
Answer- Any single female is eligible to adopt a child of any gender, however, a single male person is not eligible to adopt a girl child.
Q3. Is adoption without a deed valid?
Ans – According to Section 10 of the Hindu Adoption and Maintenance Act, 1956 held that it is the act of adoption and not an adoption deed that confers the status of an adopted son. A perfectly valid adoption can be made without an adoption deed.
Q4. Can the adoption deed be notarized?
Ans – Senior Advocate Raja Thakare averred that the notarised document relied on by the petitioners to establish their claim on the child, was a valid document of adoption in terms of the Hindu Adoption and Maintenance Act, 1956 (Hindu Adoption Act).
Q5. What are the types of Adoption?
Ans – a) Closed adoption: In this type of adoption, a child’s real parents and adoptive parents do not meet. The birthmothers give off their babies to an adoption agency. No further information other than the medical history of the birth mother is shared with the adoptive family.
b) Semi-open adoption: Birthmothers are given the option to choose potential adoptive parents.
c) Open adoption: Both the birth parents and adoptive parents share contact information about each other. Once the adoption process is complete, it is their personal choice, whether to be in touch with one another or not.
ADOPTION BY AN UNMARRIED HINDU WOMAN
THIS DEED of adoption made on this___________
day of _____________
by Kum. _________________________________,
d/o Sh.___________________________________
r/o___________________.
WHEREAS
1. That I, _________________________, am the only living daughter of Sh.___________________________________,
s/o Sh.______________________________________,
not married and does not intend to marry hereafter
2. I have this day adopted _____________________ (name of the child),
son of Sh.____________________,
r/o _______________________________________________________,
aged ___________
as my son and the said child having been given to me in adoption by his father with the consent of the child’s mother.
3. The ceremony of giving and taking in adoption has been duly performed on _____________ along with other religious ceremonies.
NOW I, _________________________, hereby declare that I have adopted the said child as my son and the said child shall have, from the date of adoption, all the legal rights and liabilities of an adopted son. I further confirm that I have executed this deed out of my free will without any compulsion from any person. IN WITNESS WHEREOF, I am signing this deed this ___________________ day of ______________.
WITNESS:
1._________________
2.__________________
Smt.______________
Related Post
