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What is Adoption Deed?
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 are transferred to adopted parents. An Adoption Deed should cover the personal details of the adoptive parent(s) and the natural parents (as the case may be). The gender of the child being adopted, along with the age should also be mentioned. Apart from this, the will of the adoptive parents to adopt the child should be stated in clear words. An adoption Deed is required for adopting a child. It is executed by the natural parents of the child in favor of adopting parents. Rules differ according to the religion of the parents. In respect of the Hindus, it is an essential part of the process of adoption as per the Act and rules in this regard.
Need For Adoption Deed
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
Q1. Can the adoption deed be notarized?
Ans – 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).
Q2. Is the adoption deed valid in India?
Ans – The adoption of a child by a Hindu couple is valid only if there is proof of such a ceremony and consent of the wife under the Hindu Adoptions and Maintenance Act, the Supreme Court has ruled.
Q3. Can parents take back their adopted child?
Ans – If your parental rights have been terminated by a court of law and/or your children have been legally adopted, in most states, there is no provision for reinstating parental rights or reversing an adoption decree except under certain circumstances such as fraud, duress, coercion, etc.
Q4. What is the age for the adoption deed?
Ans – The minimum is 21 years with an age difference of 16 years with the child he will be adopting.
ADOPTION DEED SAMPLE FORMAT
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 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 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 WHERE OF, the parties hereunto have signed this deed this ______________ day of _________.
WITNESS:
1. _____________________
THE ADOPTIVE FATHER
2. ____________________
THE NATURAL FATHER
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