Q&A

Can a child be adopted by his biological father?

Can a child be adopted by his biological father?

To replace your surname with that of his biological father, you need to adopt the child through a registered adoption deed for which you need to have NOC from both of his biological parents, 3. As of now the passport office will not issue him passport with your surname. 1. Post adoption]

Is the adoption of a child void under the Hama?

From a reading of Section 5, it is clear that an adoption not made in accordance with the provisions of Chapter II of the HAMA is void.

When did my wife divorce her first husband?

Dear Sirs, My wife has a daughter from her first marriage which was divorced in 2010. The decree had clearly stated that the biological father has given full custody to the mother and can visit the daughter once a month and that the mother will solely maintain the daughter.

How old was your husband when you got married?

Doing the math, it sounds like you’re only 54. I don’t know how old he is but you still have a good 20, 30 years more to live a happy life. That’s too long to continue to be miserable. You were 14 when you married so you were never even on your own I imagine. It sounds like you’ve done your job – raising 8 kids!

Can a husband adopt a child from the first marriage?

1. He can adopt your son from the first marriage. 2. Adoption is possible only if your ex-husband i.e the biological father of your child agrees to adoption. 3. Without the consent of your first husband the adoption is legally impossible. 4. The biological father may jolly well refuse to consent to adoption.

To replace your surname with that of his biological father, you need to adopt the child through a registered adoption deed for which you need to have NOC from both of his biological parents, 3. As of now the passport office will not issue him passport with your surname. 1. Post adoption]

Can a Hindu father adopt a Hindu daughter?

(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son’s daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption.

Is the adoption of a child valid under Hama?

The adoption is not valid unless the person giving in adoption has the capacity to do so and the adoption is made in compliance with the conditions mentioned in Chapter II of the HAMA, which would include the condition mentioned in the proviso to Section 9 (2) of the said Act. 38.

Do you need a living wife to adopt a child?

But, the existence of a living wife is an essential requirement for a Hindu male to adopt children. The capacity of a Hindu female to adopt. Section 8 of the act states that a Hindu Female willing to adopt a child must: Unmarried in order to adopt. If she has a husband who is alive, she will not have the capacity to adopt a child.

Can a Hindu give a child up for adoption?

No one but the parents and guardian of the child can give them up for adoption as per Section 9 of the Hindu Adoption and Maintenance Act. As per the act: Only the biological father of a child has the authority to give him up for adoption; The consent of the child’s biological mother is necessary.

What happens to a stepchild after an adoption?

Through this procedure, the biological child of one of the spouses becomes the legal child of the other spouse. After the adoption, there is no difference in the legal status between children of another marriage and the birth children of the marriage. The word “stepchild” disappears into irrelevance. Helpful?

Can a man adopt a child if he is not married to the mother?

Because a father who is married to the mother of the child is presumed to be the father of the child, a man who isn’t married to the mother of the child must establish paternity, otherwise he isn’t entitled to the same rights as a father and his consent isn’t needed to enable adoption, unless he acts to establish paternity.

Who is the legal parent after a stepparent adoption?

A stepparent who adopts agrees to become the legal parent and be fully responsible for his or her spouse’s child. After the stepparent adoption occurs, the noncustodial parent (the parent not living with the child) no longer has any rights or responsibilities for the child, including child support.

What happens when a parent adopts a child?

When a parent adopts a child, a new parent-child relationship is formed. Before this can happen, however, the birth parent must give up their parental rights so all the duties, rights, and responsibilities that accompany the parent-child relationship are transferred to the adoptive parent.

Can a biological parent adopt a child after a divorce?

The biological parent needs to know that this adoption makes your current spouse the child’s legal parent. If you divorce, your spouse has the right to visitation and even custody. If you remarry again and want the new spouse to adopt your child, you will be seeking the consent of the adoptive parent, not the biological parent.

What happens if you divorce and want to adopt your child?

If you divorce, your spouse has the right to visitation and even custody. If you remarry again and want the new spouse to adopt your child, you will be seeking the consent of the adoptive parent, not the biological parent. The adopting parent takes on all legal rights and responsibilities of parenthood.

How much does it cost to adopt a child in California?

Those fees may be nominal (as low as $20 in California), to over $300 in Texas. Payment will be required at the time you file the petition. Other costs could include an adoption home study, attorney’s fees for the child’s attorney, criminal history checks, court-mandated counseling, and fees for a new birth certificate.

Do you have to pay child support for an adopted child?

If you divorce, you will be required to pay child support for your adopted stepchild. Your adopted child gains the right to a share of your estate, even if that lessens the share that goes to your biological children.

How do I go about adopting my wife’s daughter?

In these cases, a Complaint must be filed in the Superior Court by the person (plaintiff) who wishes to adopt the child. Visit that website it could provide you some answers. I am in search of the same answers you are.

If you divorce, your spouse has the right to visitation and even custody. If you remarry again and want the new spouse to adopt your child, you will be seeking the consent of the adoptive parent, not the biological parent. The adopting parent takes on all legal rights and responsibilities of parenthood.

Who is responsible for a child after adoption?

The report will be prepared by a social worker and will be used to help the court make a decision. If granted, the adoption court order gives you parental responsibility for the child – along with your spouse or partner. The order also takes away parental responsibility from:

Through this procedure, the biological child of one of the spouses becomes the legal child of the other spouse. After the adoption, there is no difference in the legal status between children of another marriage and the birth children of the marriage. The word “stepchild” disappears into irrelevance. Helpful?