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Poonam Sunda
in Civil Law Family Law Property Law
Asked June 05, 2017

Right of biological parents in adopter parents property given to adopted child

  • 2 Answers
  • 198 Views

If an adopted child received property from his adpoter parents then can that child's biological parents claim a right in that property?

 

Answers 2

 

 

 

Dear Sir/madam,

 

Signing the adoption papers and Legally adopting a child gives the adopting parents the rights and responsibilities of a biological parents under law. Procedure of legal adoption once over and duly accepted by both parents makes them legally binding in order not to go back to their original position. Meaning thereby that the biological parents loses all the rights and claims over their own child as and when they decide to handover their child to the adopting parents. Section 15 of the The Hindu Adoptions And Maintenance Act, 1956 refers to the remark that a “Valid adoption not to be cancelled”- none of the transacting parties can renounce his or her status as such and return to the family of his or her birth.

Therefore, the biological parents cannot claim a right in the property that has devolved upon the child from his/her adopting parents.

Agree Comment 0 Agrees over 3 years ago

Are you joking? Biological paresnts have no rights on the property or person of a child given up for adoption.

Agree Comment 0 Agrees over 3 years ago

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