Law of Adoption in India-How to Adopt a child? [Download Draft Adoption Deed]

Every child has a right to family and the right to be nurtured and cared for. Adoption is a legal process that creates a parent-child relation between persons who are not related by blood.

Adoption helps to give a destitute homeless child a home and helps adults to enjoy family life. In India, a child can be adopted in different ways. Adoption can be done according to personal laws or by other legislations.

There are 3 main existing legislations that govern adoption in India-

1)The Hindu Adoption and Maintenance Act 1956.

This Law applies to those who are Hindus, Buddhist, Jain or Sikhs. Adoption of a child can take place using this law. Earlier Adoption in Hindus was based on caste and gotra. There was a gender basis as to only males can be adopted but as time changed various changes were made various acts were implemented as society evolved.

According to Hindu Adoption Act 1956 a child can be adopted by a married or unmarried male or female,It also permits a NRI to adopt a child.

Sec 7 and 8 of the Hindu Marriage Act deal with a male or female who can take a child in adoption.

A person who is not a minor  and is of a sound mind  can take a daughter or son in adoption.

Adoption can be done by husband only after the consent of a wife if she is living.

Under the act there is no formal procedure but only giving and taking of the child is necessary. This process is authenticated by a deed called “Adoption Deed”

Who can be adopted-

Sec 10 of Hindu Marriage Act enumerates on who can be adopted by adoptive parents under this Act

1)The child should be a hindu

2)The child should not be already adopted

3)He or she must not be married until customs permit so

4)He or she must not have completed 15 years of age etc 

There are various other points mentioned in the act to go about with the process of adoption.

2)The Guardian and Wards Act 1890

This act helps to get  adoption done  in other religions like Muslims,Parsis, Christian and Jews as there are no definite provisions under their personal laws relating to adoption.This act does not provide  equal  status to the adopted child as that of a biological child of the adoptive parents.It only grants a Guardian-Ward relationship.

3)Juvenile  Justice (Care and Protection Act of 2000)-

This act was amended in 2010.It covers the rehabilitation and social reintegration of orphan children.

All the three acts above require an adopter to be of minimum 21 years with an age difference of 16 years with the child he will be adopting.

4)CARA (Central Adoption Resource Authroity) guidelines-

The CARA guidelines are used to govern intercountry adoption. If a foreigner wants to adopt a child from India he has to follow the procedure mentioned in these guidelines. These guidelines were framed to prevent children adopted from being misused for illegal purposes. There is an elaborate procedure that a person adopting should go through to ensure proper adoption.

Procedure to adopt a child in India as Per Juvenile Justice Act, 2015-

Adopting a child includes a elaborate chronological procedure to be followed let’s have a look at its below 

Step 1- Registration

Persons who want to adopt a child should register themselves with an agency eg -Recognise Indian placement Industries and Special Adoptive Agency.The prospective adoptive parents can visit the Adoption Coordinating Agency where all general preparations such as various formalities,paperwork  required for registration can be completed.

Step 2-Home Study and Counselling

A social worker from the registration agency will pay visit to  the home of those who want to adopt the child in order to see whether the conditions are viable to give the child for adoption.The agency might also need the adoptive parents to attend counselling sessions in order to prepare them understand their strengths weaknesses etc.According to CARA home study of the Adoptive parents should be done within 3 months.

Step 3-Referral of the Child

The agency intimates the interested couple or person when the child is ready for adoptionThe agency shares all relevant information such as child’s medical report ,physical examination reports and allows them to get acquainted and spend time with the child 

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Step 4-Acceptance of a child

Once the parents get acquainted with a child it is necessary for them to sign an adoption deed in order to show their acceptance.

Step 5-Approval of District Magistrate

Earlier it was required to file a Petition in the Court, but last year the Central Government amended the JJ Act and provided that District Magistrate is competent to grant approval for adoptions. This has been done to expedite the process.

Adoption Deed

THIS DEED OF ADOPTION is made and entered into at Thane this ____ day of ______,200- BETWEEN MR.A N, Adult, Indian Inhabitant of Thane, residing at_____________, Thane -, hereinafter referred to

as the ‘ADOPTIVE FATHER’ (which term and expression shall unless it be repugnant to the context or meaning thereof shall mean and include his heirs, executors, administrators and assigns) of the ONE PART A N D MRS. B N, Adult, Indian Inhabitant of Thane, residing at _____________________, Thane -, hereinafter referred to as the ‘NATURAL MOTHER’ (which term and expression shall unless it be repugnant to the context or meaning thereof shall mean and include her heirs. executors, administrators and assigns) of the SECOND PART A N D MASTER AD, a Minor, through her Natural Mother and Guardian, Mrs. B N, the Party of the Second Part herein, hereinafter referred to as the ‘Adopted Son’ of the THIRD PART.

WHEREAS the Party of the Second Part herein had married S R on 19.3.1993 at Bombay and after marrying Mr. S R, her name was Mrs. B R, hereinafter for the sake of brevity referred to as the ‘Said Marriage’.

AND WHEREAS out of the Said Marriage, there has been a issue i.e. a Male Boy namely, “Ad”, born on___________, hereinafter for the sake of brevity referred to as the Said Boy.

AND WHEREAS due to their difference of opinion the Party of the Second Part and her the then husband i.e. Shri S. R preferred a Petition No. AA___/___for Divorce by Mutual Consent in the Family Court at Bandar, Bombay and the Honorable Court was pleased the dissolve the Said Marriage vide their order passed below Exh. 6 on ___________besides awarding the permanent custody of the Said Boy to the Party of the Second Part herein, hereinafter for the sake of brevity referred to as the ‘Said Order’

AND WHEREAS Mr. S R the Ex-Husband of the Party of the Second Part herein did not prefer any Appeal and/or revision against the Said Order and Judgment.

AND WHEREAS the Party of the First Part herein has married the Party of the Second Part herein and have registered their marriage at the office of the Sub-Registrar of Assurances (Marriage Officer), Thane vide Their Receipt No.______/_______ dated__________, hereinafter for the sake of brevity referred to as the ‘Said Second Marriage’.

AND WHEREAS the Party of the First Part has married the Party of the Second Part herein, has decided to Adopt the Party of the Third Part herein as he is issueless and has married the natural mother of the Said Boy.

AND WHEREAS the natural mother (the Party of the Second Part herein) consented for the said adoption and on ______________ the physical act of giving and taking of the boy in adoption was performed, namely the natural mother gave the third party in adoption and the adaptor took the boy as adopted son accompanied by performance of Datta Homam.

AND WHEREAS the parties considered it necessary and expedient that a Deed of Adoption be executed so as to be authentic record of the Adoption having already taken place.

NOW THEREFORE THIS INDENTURE WITNESSETH AS FOLLOWS;

1.     It is hereby declared that on _________ the party of the Second Part i.e. the Natural Mother of the Third Party gave in adoption her son “AD” to the Adopter who took the boy in Adoption. The Adopter took the boy in Adoption, the physical act of giving and taking was also accompanied by Datta Homam ceremony and in the presence of assembled brotherhood of the parties.

2.     As a result of the aforesaid adoption the Third Party was transferred legally from the Natural Mother to the Parties of the First and Second Part herein and Adopter became entitled to all the rights and obligations of his Adopted Son.

3.     The Adopted Boy by virtue of the Said Adoption has become member of the Coparcenary with his Adopted father and shall be entitled to inherit his self acquired property if indisposed of and shall be entitled to succeed to his Joint Ancestor’s property by Survivorship except that if a legitimate son is born subsequent to his adoption, the right of inheritance of succession of the adopted son shall be regulated by Rule of the Hindu Law.

4.     The Adopter, first party, shall be responsible for the maintenance and education of the adopted son and agrees to bring him up according to his status in life.

5.     The Natural Father of the Said Boy having relinquished all his right, title, interest and claim over the said boy and Natural Mother having married the Party of the first part herein after her marriage having been dissolved by the Family Court, Bandra, Bombay and being continue to remain as Natural Mother of the Said Boy, question of taking any consent from anybody does not arise at all.

6.     The Adopter shall not lay any claim hereinafter against the natural father for expenses incurred by him for the education and maintenance of the Said Boy/Adopted Son.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands to this on the day and year first hereinabove written

SIGNED, SEALED AND DELIVERED)

By the within-named Party of First Part)

In the presence of ____________________

SIGNED, SEALED AND DELIVERED)

By the within-named Party of Second Part)

In the presence of_________________ )

1)

2)

SIGNED, SEALED AND DELIVERED)

By the within-named Party of Third Part)

Through his Natural Mother

In the presence of_____________________)

ADOPTION BY A HINDU WIDOW

THIS DEED of adoption made on this________  

day of ___________________

by ______________,

widow of Late Sh.______________

 r/o______________. 

WHEREAS 

1. My husband died on ___________ and we had no son, son’s son or son’s son’s son. 
2. I have this day adopted _____________________ (name of the child),

son of Sh .___________________

r/o ___________________________________________________,

aged________

as my son and the said child having been given to me in adoption by his father with the consent of the child’s mother. 

3. The ceremony of giving and taking in adoption has been duly performed on _____________

along with other religious ceremonies. 

NOW  I, ___________________, hereby declare that I have adopted the said child as my son and the said child has been transferred to the family of my husband and shall have, from the date of adoption, all the legal rights and liabilities of an adopted son. I further confirm that I have executed this deed out of my free will without any compulsion from any person. 

IN WITNESS WHERE OF, I am signing this deed this ____________day of __________.

Witness: 1. __________________ 

Smt.______________ 

2. 

ADOPTION BY AN UNMARRIED HINDU WOMAN

THIS DEED of adoption made on this___________

day of _____________

by Kum. _________________________________,

d/o Sh.___________________________________

r/o___________________.

WHEREAS 

1. That I, _________________________, am the only living daughter of  Sh.___________________________________, 

s/o Sh.______________________________________,

not married and does not intend to marry hereafter

2. I have this day adopted _____________________ (name of the child),

son of Sh.____________________,

 r/o _______________________________________________________,

 aged ___________

as my son and the said child having been given to me in adoption by his father with the consent of the child’s mother. 

3. The ceremony of giving and taking in adoption has been duly performed on _____________ along with other religious ceremonies.

NOW I, _________________________, hereby declare that I have adopted the said child as my son and the said child shall have, from the date of adoption, all the legal rights and liabilities of an adopted son. I further confirm that I have executed this deed out of my free will without any compulsion from any person. IN WITNESS WHERE OF, I am signing this deed this ___________________ day of ______________. 

WITNESS: 
1._________________ 

2.__________________ 

Smt.______________ 

ADOPTION DEED BY WIDOWER NATURAL MOTHER WITH ADOPTIVE FATHER

THIS DEED of adoption made on this _______

day of ________

between Sh._________,

s/o ____________________,

r/o ________________

(hereinafter called “the adoptive father”) of one part AND Smt. _____________

widow of Late Sh. ________________

r/o ___________________,

(hereinafter called “the natural mother”) of the other part. 

WHEREAS 

1. The adoptive father has no issue, male or female, and having as per his circumstances, he has no expectation of having any issue. 

2. Now the adoptive father and his wife wanted to adopt a child.. 

3. The natural Mother has Two children, all sons. The natural mother is widow whose husband dies on _________ 

4. The adoptive father, with the consent of his wife, has approached the natural mother for giving in adoption one of his sons named (name of the child) ___________________________________. 

5. The natural mother has, consented to her said son being given in adoption. 

6. The ceremonies regarding adoption as per Hindu religion has been duly performed on _______ 

NOW THIS DEED WITNESSESETH AS FOLLOWS: 

1. 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 including DattakHomam and physical delivery of the child from hand to hand have been observed and performed by either party. 

2. The said son has according to Sastras and law become by virtue of adoption aforesaid a son of ___________________________capable of performing the religious duties to his adoptive father with all rights and obligations of a natural born son is so entitled to inheritance and succession of all the personal and real estate. 

3. 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.

4. That ever since the above adoption has been effected the said____________________________ has renounced and abandoned the use of his original surname and in lieu thereof assumed and adopted the surname__________________________, AND that of the adoptive father shall at all times hereafter in all records, deeds, documents and other writings use and subscribe the surname of the adoptive father and shall accordingly be known, described and addressed as the son of adoptive father. 

IN WITNESS WHERE OF, the parties hereunto have signed this deed 

WITNESS: 

DATE: 

PLACE: 

WITNESSESS:- 

1.ADOPTIVE  FATHER 

2. NATURAL FATHER 

ADOPTION OF AN ORPHAN FROM AN ORPHANAGE

THIS DEED of adoption made on this___________

day of ______________

by Sh.___________,

s/o Sh.______________

r/o________________ 

WHEREAS 

1. I have no issue of my own and have no expectation of having any issue due to the reason of having become quite aged.

2. I have long been anxious to adopt a suitable boy as our son. 
3. I have, after taking consent of my wife, adopted ___________

aged _________,

residing in ___________________________________________________________________________

(name and address of the orphanage) and the said child has been given in adoption to me by the superintendent of the said orphanage, with the prior permission of the court vide dated ____________, a copy of which is annexed hereto. 

4. The ceremony of giving and taking in adoption has been duly performed on ________

along with other religious ceremonies.

NOW I, ______________________, hereby declare I have adopted the said child as my son and the said child shall have, from the date of adoption, all the legal rights and liabilities of my adopted son. 

IN WITNESS WHERE OF, I am signing this deed this ___________

day of ______________.

WITNESS: 

1.________________ 

Sh.______________ 

2. Note: If the adoption is from some orphanage there should be annexed a certificate from the head of the orphanage certifying that he had satisfied himself that the adoption would be for the welfare of the child. In case, the child has reached the age of understanding the certificate should further state that he had also obtained the willingness and ascertained the wishes of the child. Further, the permission of the competent court had also been obtained. 

AUTHORITY GIVEN TO WIFE TO ADOPT

I, (Name)___________,

S/o. Shri____________,

residing at_______________

do hereby authorize my wife, Smt___________,

 to adopt to me and to herself (Name of Child)______

son of __________,

R/o.___________. 
This authority will remain valid after my death also. In case, she is enable to adopt the said child, she can adopt any other boy from Hindu religion. 

IN WITNESS WHERE OF, I am signing this authority.

Place: 

Date:

Signature………..…… 

(Sh.………………….) 

1.Witness 

2. Witness 

DECLARATION BY THE GUARDIAN

KNOW ALL MEN BY THESE PRESENTS that I, ___________,

son of Sh.________________,

 r/o ____________________

hereby declare that I being guardian _______________

of ________________ (name of the child)

and having obtained the permission of court dated _____________

have given my ward in adoption to Sh._______________,

s/o Sh.__________________

r/o_________________

for which the ceremony of giving and taking have taken place on _____________ .

From the date of adoption, he shall be the adopted son of Sh.________. 
____________. 

(GUARDIAN) 

WIFE’S CONSENT TO ADOPTION

KNOW ALL MEN BY THESE PRESENTS that I, __________________________

 wife of Mr _________________

resi ___________________________________________,

do hereby declare that

WHEREAS 
1. We have no issue of our own and have no expectation of having any issue due to the reason of having become quite aged 

2. We have long been anxious to adopt a suitable boy as our son.

3. We have approached Mr____________

Mr____________________________________

Resi …………………………….…………………………………………………

for taking in adoption his younger son named _________

aged _________,

and Mr. _____________________________________  

is willing to give in adoption his said son.

4. My husband is willing to take the said _______________________________________

 (name of the child) in adoption as his son with my consent.

NOW THIS DEED WITNESSESETH that I hereby give my consent to the taking of the said ____________

(name of the child) in adoption by my husband as our son. I further confirm that I am giving this consent out of my free will without any compulsion from any person. 

IN WITNESS WHERE OF, I am signing this deed this ___________ day of ______________. 

WITNESS: 

1.__________________ 

(Smt.______________) 

2. 

JOINT DEED BY THE NATURAL MOTHER AND ADOPTIVE FATHER

THIS DEED of adoption made on this _______________

day of ______________

between Sh._________,

 s/o ____________________,

r/o ________________

(hereinafter called “the adoptive father”) of one part      

                                     AND

Smt. __________________

widow of Late Sh ______________

r/o _________________,

 (hereinafter called “the natural mother”) 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 wish to adopt a child as their son/daughter.

3. The natural mother is a widow whose husband has died on__________leaving three children, all sons.

4. The adoptive father, with the consent of his wife, has approached the natural mother for giving in adoption one of her son named_______________(name of the child).

5. The natural mother has consented to her 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. Further, the said son shall cease to be a member of the family of his natural birth.

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. ____________________

ADOPTION BY A WIDOW OF A SON

THIS DEED OF ADOPTION is made at ……… this……. Day of ………. between Smt. A aged ……. years a Hindu by religion, residing at ……… hereinafter referred to as the party of the First Part, Mr. B residing at ………. A Hindu by religion, aged about…….. Here in after referred to as the party of the Second part.

WHEREAS:

1. The party of the First Part’s husband…….. Died intestate on or about leaving the party of the First Part as his only heir and also a large estate.
2. The party of the First Part has no issue and she, therefore, proposes to adopt a son so that he can look after her in old age and inherit her property.
3. The party of the Second part who is a widower has two sons and offered to give his youngest son by name………. Of the age 5 years in adoption to the party of the First Part.
4. The party of the First Part approved the boy and agreed to take him in adoption.
5. A ceremony was held on the ……. day of ……. at ……… when several persons were invited and present and in the presence of all, the party of the Second part put his son the said ……… on the lap of the party of the First Part with intention on the part of the party of the First Part to take him in adoption as her son and on the part of the party of the Second part to give him in adoption to the party of the First Part.
6. It is now proposed to record the said factum of adoption in the manner following:

NOW THEREFORE IT IS DECLARED AND RECORDED BY THE PARTIES HERETO AS FOLLOWS:

1. The party of the First Part confirms that the said child by name son of the party of the Second part was taken by her in adoption as her son and the party of the Second part confirms that he handed over custody of the said child to the party of the First Part in the manner aforesaid with intention to give the child in adoption to the party of the First Part.
2. The child will be hereafter known by the name of……..
3. Three of the persons who were present on the said occasion have signed this deed as attesting witnesses to the signatures of the parties of the First Part and Second part.

IN WITNESS WHEREOF the parties have put their respective hands the day and year first hereinabove written.

Signed by the with in named Smt. A. ……… in the presence of

1.      

2.      

3.      

Signed by the with in named Mr. B In the presence of

1.      

2.      

3.      

ADOPTION DEED – GUARDIAN

THIS DEED OF ADOPTION is made at ________ this ____ day of 200_____

BETWEEN

Mrs. _____, ___ of the late Mr. ___, ____, aged about ___ years, residing at ________, hereinafter referred to as the FIRST PARTY.

And

Mr. ____, S/o. ___, _____ aged about ___ years, residing at ________, hereinafter referred to as the SECOND PARTY.

WHEREAS

The FIRST PARTY is a has no issue, and is desirous of taking in adoption a ____.

The first party’s husband is dead.

The SECOND PARTY is the court appointed GUARDIAN of _______, Hindu, aged about ___years, residing at _______.

The FIRST PARTY approached the SECOND PARTY to give his ward ______ aged about ___ years in adoption to ____hear in after referred to the “ADOPTED CHILD”.

The SECOND PARTY is competent to give his ward in adoption to the FIRST PARTY.

The SECOND PARTY agreed to give ____ in adoption.

The Honorable District court / principal city civil court /High Court, by an order dated 12.03.2001 in O.P. No. 213/2001 has permitted the SECOND PARTY to give the Adopted child.]

The parties hereto are desirous of executing a deed of adoption to record the factum of adoption.

NOW THIS DEED WITNESSETH AS FOLLOWS

That the SECOND PARTY has given in adoption his ward, ___, aged about __years, to the FIRST PARTY on ____ in ____. The physical act of giving and taking has been completed along with other customary religious ceremonies on the said date.

IN WITNESS WHEREOF, the parties hereto have affixed their signature on the day, month and year hereinabove written.

FIRST PARTY

SECOND PARTY

WITNESSES

1.

2.

ADOPTION DEED (ORPHANAGE)

THIS DEED OF ADOPTION is made at _____ this ___day of _____

BETWEEN

Mrs._________, w/o of _________, ____, ____, aged about __ years, residing at _________, here in after referred to as the FIRST PARTY.

AND

___, son of ___ aged about __ years by religion ___, residing at _____working as _______ of ____Orphanage which is giving shelter and maintaining orphan children abandoned by their parents, having its registered office at _______and Court Guardian of ______ aged __ years, one of the orphans, hereinafter referred to as the SECOND PARTY.

WHEREAS

The FIRST PARTY is a _________and has_____, no ____ and is desirous of taking in adoption a ____.

The FIRST PARTY”S husband is dead

The SECOND PARTY is the court appointed GUARDIAN of _________, ___, aged about __ years, residing at _______.

The FIRST PARTY approached the SECOND PARTY for taking in adoption to ___, the ward the SECOND PARTY.

The SECOND PARTY agreed to give ______ in adoption.

The said SECOND PARTY being satisfied about the bona fide intention of the FIRST PARTY and also being satisfied that such adoption will be for the welfare and benefit of the child _____.

The SECOND PARTY is competent to give his ward in adoption to the FIRST PARTY.

The SECOND PARTY had approached the ______ at ___ for permission to give his ward in adoption to the FIRST PARTY.

The parties hereto are desirous of executing a deed of adoption to record the factum of adoption.

NOW THIS DEED WITNESSETH AS FOLLOWS

That the SECOND PARTY has given in adoption his ward, _____, ___, aged about __ years, to the FIRST PARTY on ____ in ___. The physical act of giving and taking has been completed along with other customary religious ceremonies on the said date.

The said __, the SECOND PARTY as the Superintendent of ___ Orphanage being fully satisfied after enquiries being made and reports obtained from reliable sources about the bona fide intentions of the FIRST PARTY and that such adoption would be for the benefit and welfare of ________

The Adopted child has been transferred from the orphanage of the SECOND PARTY to the family of the FIRST PARTY and shall be known as the ______ of the FIRST PARTY.

IN WITNESS WHEREOF, the parties hereto have affixed their signature on the day, month and year hereinabove written.

FIRST PARTY

SECOND PARTY

WITNESSES

1.

2.

ADOPTION OF A DAUGHTER BY AN UNMARRIED WOMAN

DEED OF ADOPTION is made at …… this …… day of……. Between Smt. A s a Hindu by religion, aged about ………. residing at ……… hereinafter referred to as the party of the First Part, Mr. B residing at ………. A Hindu by religion, aged about…….. Here in after referred to as the party of the Second part.

WHEREAS:

1. The party of the First Part is unmarried and of the age of…….. And does not desire to marry.
2. The party of the Second part is a widow and has three unmarried daughters and she offered, at the suggestion of some friends to give her youngest daughter Miss ……… of the age of 4 years in adoption to the party of the First Part and the party of the First Part approved the girl and agreed to take her in adoption.
3. A private function was held at the premises of the party of the First Part at ……. on the ……. day of …… when the party of the First Part, the party of the Second part and her three daughter and two witnesses being the well wishers of the family who have attested this deed, were present.
4. No religious ceremonies were held but the party of the Second part delivered her youngest daughter the said Miss. ………… to the party of the First Part with intention to give her in adoption to the party of the First Part and the party of the First Part took the said child in her lap with intention to take her in adoption as her daughter.
5. It is now proposed to record the said adoption in the manner following

NOW IT IS HEREBY DECLARED AND RECORDED AS FOLLOWS:

1. That on the said ……. day of ……. the party of the First Part took custody of the said Miss. ……… from the party of the Second part with intention to adopt and treat the said child as her adoptive daughter and the party of the Second part handed over custody of the said child Miss. ………. to the party of the First Part to give her in adoption to the party of the First Part.
2. It is declared that the said child has now ceased to be a member of the family of the party of the Second part and the latter has no legal claim over her.
3. The said child will be hereafter known by the name of …………

IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written.

Signed by the with in named)

Party of the First Part)

Smt. …… in the presence of )

1.

2.

Signed by the with in named )

Party of the Second part )

Smt. …… in the presence of )

1.

2.

DEED OF ADOPTION OF A SON

THIS DEED OF ADOPTION made at ……… on this ….. day of ……… between Mr. A residing at ……… a Hindu by religion, age about ……. Hereinafter referred to as the party of the First Part and Mr. B residing at ………. A Hindu by religion age about …… hereinafter referred to as the party of the Second Part, Mr. C a Hindu by religion, age about ……… residing at ………… hereinafter referred to as the Party of the Third Part, and Mrs. D …….. a Hindu by religion, age about ………… hereinafter referred to as the Party of the Fourth Part;

WHEREAS:

1. The parties of the First and Second part are husband and wife and so also parties of the Third part and Fourth parts hereto.
2. The parties of the first and Second part have no son but only one daughter and now there is no possibility of their having any issue as per medical advice.
3. The parties of the first and Second part requested the parties of the Third and fourth part to give their youngest son by name Master …….. aged 10 years in adoption to the party of the First Part and the party of the Third part with the consent of the fourth part agreed to do so.
4. Accordingly, a formal adoption ceremony was performed this day at about ………. A.M./P.M. at the place of ………… when the party of the Third part actually delivered to the party of the First Part and the said Master ………….. with intention to give him in adoption to the party of the First Part in the presence of several persons two of whom have attested this deed.

NOW IT IS PROPOSED TO RECORD THE SAID ADOPTION IN THE MANNER FOLLOWING:

1. The party of the First Part with the consent of the party of the Second part has taken in adoption and the party of the Third part with the consent of the party of the fourth part has given in adoption the said Master …………. as the adoptive son of the party of the First Part and of the party of the Second part, on the day and place hereinbefore recited.
2. It is declared that the said adoption has been made out of the free will of the parties hereto and with a clear intention that the said Master……….. shall be treated as the adoptive son of the parties of the First Part and Second part with all legal consequences thereof and he will cease to be a member of the family of the parties of the Third part and fourth part with all legal consequences thereof.
3. The said adopted son will be hereafter known by name of…………

IN WITNESS WHEREOF the parties have put their respective hands the day and year first hereinabove written.

Signed by the with in named)

A party of the First Part )

in the presence of …….. )

Signed by the with in named)

B party of the Second part)

in the presence of …… )

Signed by the with in named)

C party of the Third part )

in the presence of …….. )

Signed by the with in named)

D party of the Fourth part)

in the presence of …… )

Signed by the with in named)

By Apurva Surve- Intern