ADOPTION DEED REGISTRATION

About

The formal registration of Adoption Deeds can be traced back to the development of adoption laws in different countries and legal systems. The concept of adoption has existed for centuries, but the structured legal process for registering adoption deeds emerged more clearly in the 20th century with the establishment of modern adoption laws.

Key Milestones in Adoption Deed Registration:

1. Hindu Adoption and Maintenance Act, 1956 (India) – This Act formalized the process of adoption for Hindus, including the requirement for registering an adoption deed.

2. Juvenile Justice (Care and Protection of Children) Act, 2015 (India) – Streamlined adoption procedures under the Central Adoption Resource Authority (CARA) and made registration mandatory for legal recognition.

While informal adoption has been practiced since ancient times, the legal requirement for adoption deed registration became more structured in the mid-20th century with the introduction of formal adoption laws.

Key Details of Adoption Deed Registration:

1. Parties Involved – Includes details of the biological parents (if applicable), adoptive parents, and the child being adopted.

2. Consent – Consent from the biological parents (if alive) or legal guardians is required, unless the child is an orphan or abandoned.

3. Court Approval – Adoption must be approved by a competent court under the relevant adoption laws (like the Hindu Adoption and Maintenance Act, 1956 or the Juvenile Justice Act, 2015 in India).

4. Adoption Agreement – Contains details about the child, adoptive parents, and terms of the adoption.

5. Registration – The adoption deed is registered with the local Sub-Registrar or relevant authority to make it legally binding and part of official records.

6. Legal Rights – After registration, the child gains full inheritance rights and legal status as a biological child of the adoptive parents.

Here are the steps required for Adoption Deed Registration:

1. Eligibility Check

• Ensure that the adoptive parents and the child meet the legal eligibility criteria under the applicable adoption law (e.g., Hindu Adoption and Maintenance Act, 1956, or Juvenile Justice Act, 2015).

• Example:

  • The adoptive parent(s) should be financially stable and mentally sound.

  • A single person or a couple can adopt (conditions may vary based on local laws).

  • Consent of the spouse is necessary in the case of a married person adopting.

2. Consent from Biological Parents or Legal Guardians

• Obtain written consent from the biological parents (if alive) or the child's legal guardian.

• If the child is an orphan or abandoned, proper verification through a child welfare authority is required.

3. Drafting the Adoption Deed

• Prepare an adoption deed with the help of a legal expert, including:

  • Full details of the adoptive parents and the child.

  • Statement of consent from the biological parents or legal guardian.

  • Terms of adoption, including inheritance rights and obligations.

  • Date and place of adoption.

4. Court Approval (If Required)

• File a petition in the appropriate court (family court or district court).

• Present supporting documents such as:

  • Birth certificate of the child (if available).

  • Identity proof and marriage certificate of the adoptive parents.

  • Home study report by a recognized adoption agency.

• The court will review the case and issue an adoption order upon satisfaction.

The procedure for registering an Adoption Deed

1.Verify Eligibility

• Ensure that the adoptive parents and the child meet the legal requirements under the applicable law:

  • Hindu Adoption and Maintenance Act, 1956 (if both parties are Hindus).

  • Juvenile Justice (Care and Protection of Children) Act, 2015 (for non-Hindu or inter-country adoptions).

• Eligibility criteria for adoptive parents:

  • Must be of sound mind.

  • Must not have any disqualification under the law.

  • Consent of both spouses is required if married.

2. Obtain Consent

• If the biological parents are alive, their written consent is required.

• If the child is an orphan, abandoned, or surrendered, consent from the appropriate Child Welfare Committee (CWC) is required.

• If the child is above a certain age (typically 7 or older), the child's consent may also be required.

3. Prepare the Adoption Deed

• Draft an Adoption Deed through a legal expert.

• The deed should include:

  • Full details of the adoptive parents and the child.

  • Statement of consent from biological parents or guardians.

  • Date, place, and terms of adoption (e.g., inheritance rights).

  • Declaration that the adoption is irrevocable.

4. Court Approval (If Required)

• File an application before the Family Court or District Court with the following documents:

  • Birth certificate or proof of child’s identity.

  • Proof of identity and residence of adoptive parents.

  • Consent letter from biological parents or guardians.

  • Home study report (if applicable).

• The court will verify the legality and validity of the adoption and issue an Adoption Order.

5. Execution of Adoption Deed

• After court approval, both parties (biological parents/guardians and adoptive parents) must sign the Adoption Deed in the presence of two witnesses.

• The deed must clearly state that:

  • The child is given in adoption.

  • The adoptive parents accept the child as their legal heir.

  • The biological parents/guardians give up all rights over the child.

6. Registration of Adoption Deed

• Submit the signed Adoption Deed to the local Sub-Registrar Office for registration.

• Required documents:

  • Court adoption order (if applicable).

  • Birth certificate or proof of child’s identity.

  • Identity and address proof of adoptive parents.

  • Adoption deed signed by both parties and witnesses.

• Pay the registration fee as per local regulations.

7. Issuance of Registered Adoption Deed

• Once registered, the Adoption Deed becomes a legally binding document.

• A new birth certificate reflecting the adoptive parents’ names may be issued (if permitted by law).

• The child gains full legal rights as a biological child, including inheritance rights.

Conclusion

An Adoption Deed is a crucial legal document that formalizes the adoption process, ensuring that the adopted child is granted the same rights and status as a biological child. The process involves verifying the eligibility of the adoptive parents, obtaining proper consent, drafting the adoption deed, securing court approval (if required), and registering the deed with the appropriate authority. Proper execution and registration of the adoption deed establish a secure legal relationship between the adoptive parents and the child, safeguarding the child's inheritance rights and social identity.

A properly registered adoption deed not only provides legal recognition to the adoption but also ensures that the child's future is protected under the law. It stands as a testament to the child's rightful place within the adoptive family, promoting stability and security for both the child and the parents.