Adoption Deed

Adoption Deed is a legal document that formalizes the adoption process. It is a written agreement between the adoptive parents and the legal guardian or the biological parents (in some cases) of the child being adopted. The deed outlines the terms of the adoption and officially transfers parental rights and responsibilities to the adoptive parents.

In the adoption deed, the following details are typically included:

• The adoptive parents' information – their names, addresses, and any relevant details.

• The child's information – including their name, date of birth, and any details about their biological parents or guardians.

• Consent – The biological parents (or legal guardians) may give consent to the adoption, depending on the legal requirements in the jurisdiction.

• Adoption Terms – This specifies the legal rights and duties the adoptive parents will assume.

• Court's Role – In some cases, the deed must be approved by a court to ensure that it meets the legal requirements for adoption.

Once the adoption deed is signed and, if necessary, ratified by the court, the adoption is legally recognized, and the child becomes a legal member of the adoptive family with all the rights of a biological child. The exact process and legal requirements can vary depending on the country or state.

Legal Framework in Delhi:

Although it is not mandatory to register adoption deeds in India, it is advised to register them to avoid any legal implications in the future. There are various laws enacted in India to legally supervise the entire process and ensure the safety of children. Different laws governing the adoption process in India are:

• Hindu Adoption and Maintenance Act, 1956

• Guardianship and Ward’s Act 1890

• Juvenile Justice (Care and Protection) Act 2000

Adoption deed is a legal document prepared with the mutual agreement of biological and adoptive parents of a child at the time of adoption. The document comprises basic information about the parents and child with all the responsibilities and rights of adoptive parents. The document also consists of the statement that the child is transferred from biological parents to adoptive parents according to the Hindu Adoption and Maintenance Act, 1956.

Requirements & Constituents in India:

A document or deed is required to officially declare that the adoption is taking place. Adoption can be legally verified with a registered deed, strictly aligning with the provisions of the Hindu Adoption and Maintenance Act. However, in case the adoption is taking place under the Juvenile Justice Act 2015, the adoption is finalized with an adoption order and there is no need to draft a deed. The major constituents of the adoption deed to make it legally authentic are mentioned below:

• Personal details of the adoptive parent(s) and biological parents.

• Gender and of the child being adopted.

• Will of the adoptive parents to adopt the child, stated in clear words.

• Consent of the natural parents to give their child for adoption to the adoptive parents.

• Transfer of legal rights and liabilities of the adopted child to the adoptive parents.

• Date of Adoption

• Signatures of adoptive parents and biological parents.

Documents Required in Delhi:

For an Adoption Deed, id proofs of both adoptive parents and natural parents should be scrutinized, in order to confirm the identities of the parties. The child’s birth certificate and medical test records should also be checked, along with other documents that a lawyer will guide you to collect before making an adoption deed.

Proper documentation is crucial to make your deed earn legal authenticity in India. To avoid any last-minute rush, we have compiled a list of all the documents required for the deed of adoption in India. You can take the help of your lawyer to easily arrange all the documents and smoothly conduct the entire process. The range of documents required to draft an adoption deed in India is mentioned as follows:

• ID proof and Residence Proof of Biological Parents

• ID proof and Residence Proof of Adoptive Parents

• Age proof of child

• ID of witness

• Application for adoption

• Four 4×6-inch photographs featuring the prospective adoptive couple together

• Marriage certificate and age proof

• Explanation for pursuing adoption

• Recent HIV and Hepatitis B test results for both individuals

• Certificate of income

• Residential proof

• Details of investments

• Recommendation letters from three individuals

• Additional documents, as requested by the adoption agency or court

Procedure to Draft an Adoption Deed in India:

There is no single standard procedure to draft a deed in India. Which procedure to follow largely depends on the country and jurisdiction the parents or adoptive child belongs to. However, to give you an idea of what steps to follow for drafting adoption deeds in India. The right procedure to draft an adoption deed in India is mentioned below:

• Begin by drafting a deed and include all the important clauses in a specified format on stamp papers.

• Payment of the government registration fees.

• Carry out the registration process in the Sub Registrar’s office of your jurisdiction on a specific date.

• Registration of a deed in the Sub Registrar’s Office along with two witnesses on the appointment date.

• The registration of deed will take a week or so and will be available for you to collect.

Role of a Professional in Drafting a Deed:

Make sure you hire a professional for drafting your adoption deed who have extensive experience in the industry. Kalka Associates has highly professional and experienced attorneys who are well-versed in drafting an accurate adoption deed in India. A legal expert can help with proper stamping and registration which can be complicated to handle on your own. Even if you have received a deed from another party it is advised to hire an adoption deed consultant to proofread the document and ensure it is in favor of both parties. Some of the benefits of hiring a professional in drafting an adoption deed in India are mentioned as follows:

• Follow an ethical and professional approach in drafting the deed of adoption.

• Well-aware of all the legal implications involved in getting the deed legally verified.

• Helps to avoid any disputes or misunderstandings in the future.

• Takes care of all the intricacies and documentation required for drafting.

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