Seema Mishra
Asked April 04, 2017

Verbal adoption in Hindu law

  • 1 Answer
  • 952 Views

My father verbally adopted my son who is born out of wedlock. My father passed away before we could complete paper work. Now my mother wants to complete the formality as school board needs the same. We do not want legal formality but want to go as per hindu custom & verbal adoption. How can we do it & what paper can be produced to the school as proof.

Answer 1

 

 

 

 

Dear Sir/madam,

We feel very sorry to inform you that there is no such thing called “Verbal Adoption”. It is a homemade term and does not carry a document to proof it in case of a dispute.  I am afraid certain legal formalities are mandatory.

Adoption is defined as creating a parent-child relationship through a judicial order between two parties who are usually unrelated. The law gives two options when adoption is concerned. One comes from the Hindu Adoptions and Maintenance Act, 1956 while the other comes from Juvenile Justice (care and protection of children) Act, 2015.

The link to the format of one such Adoption Deed is presented at the bottom of this page.[1]

The deed so made shall be a Registered documents as it is the presumption of law under the provision of Section 16 [2] of the Hindu Adoptions and Maintenance Act, 1956 which talks about Presumption as to registered documents relating to adoption.

You need to understand the legal intention of the framers of the law and the reason behind encouraging adoption – by way of the Juvenile Justice (care and protection of children) Act, 2015. Adoption under the Hindu Adoptions and Maintenance Act, 1956 facilitates the misuse of the child in general by just taking the adopted child through an adoption deed. The misuse occurs in the form of trafficking etc. whereas under the Juvenile Justice (care and protection of children) Act, 2015 every adoption goes as per the court order. This court order makes sure the issuance of a passport, birth certificate, inheritance, plus all the legal rights available to a biological child. Doing this, also makes sure that the child once adopted is never to go back to his/her biological parents thereby, reducing the chances of the child being a pendulum between the biological and adopting parents.

For now, what you can do, is the making – registration – execution of the above mentioned Adoption Deed. Producing this deed before the desired authorities might be sufficient to show the legal formality of such adoption.

 

[1] http://www.advocatekhoj.com/library/agreements/familylaw/7.php

 

[2] Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.

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