DEEd OF ADOPTION OF A CHILD

THIS DEED OF ADOPTION is made at......................the day.........................of.............20...between A………… S/o .........................resident of (hereinafter referred to as the first party) of the One Part, B S/o. ......................resident of......................... (Hereinafter referred to as the second party) of the Second Part;
WHEREAS the first party has no living son, son's son, son's son's son and was desirous of adopting a boy and approached the second party, who has been appointed as guardian of C S/o. D aged about 1 year, hereinafter referred to as adoptee, by the Court of competent jurisdiction, to give C in adoption to him;
AND WHEREAS the second party, who is competent to give the adoptee in adoption, as his parents are dead, has agreed to give the adoptee in adoption to the first party;
AND WHEREAS the second party has applied to the District Court at......................... within the local limits of whose jurisdiction the adoptee resides, for giving him to the first party in adoption;
AND WHEREAS the District Court......................... vides its order dated......................... has permitted the second party to give the adoptee in adoption to A;
AND WHEREAS the second party, with the intent to transfer the adoptee from the family of his birth to the family of first party has given him in adoption and the first party, has taken him in adoption, with the consent of his wife;
AND WHEREAS the parties considered it necessary and expedient to execute a deed of adoption to record the adoption having taken place.
NOW THIS DEED OF ADOPTION WITNESSETH AS FOLLOWS:
1. That on......................... the second party has given the adoptee in adoption to the first party and the first party took the adoptee in adoption. The physical act of giving and taking of the adoptee was completed on......................... at......................... with the Datta Homam and other religious ceremonies in the presence of relatives and friends of the parties.
2. From the date of adoption, the adoptee has been transferred to the family of first party and became entitled to all the rights of his natural born son.
3. As a result of the adoption, the adoptee has become the member of coparcenaries’ with his adopted father and will be entitled to succeed to his ancestor's property by survivorship; Provided however that if a legitimate son is born to the first party subsequent to his adoption, the right of inheritance by succession of the adoptee will be governed by the provisions of Hindu law. He shall also be entitled to inherit the self acquired property of his adopted father, if not disposed of by him.
4. The first party will be liable to maintain and educate the adoptee and he shall bring him up according to his status in life.
5. The first party has not paid or shall not make any payment or other reward in consideration of giving the adoptee in adoption to the second party.
IN WITNESS WHEREOF, etc . .......................

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This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Family Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our family law team handles divorce, maintenance, custody and succession matters.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Adoption from a Guardian of a Child: Format

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