Child Adoption Deeds in India

Child adoption deeds represent a significant approach to forming families and offering nurturing environments for children. It consists of a legal and emotional procedure in which the adoptive parents assume the responsibility of caring for a child who does not share a biological connection with them. 

With adoption, children are provided with the affection, stability, and assistance necessary for their growth and development. This process is a remarkable method for individuals or couples to establish families, often leading to transformative experiences for both the parents and the adopted child.

Documents Required for Deed of Adoption

Below is a compilation of essential documents needed during the adoption process:

1. Application for adoption

2. Four 4x6-inch photographs featuring the prospective adoptive couple together

3. Marriage certificate and age proof

4. Explanation for pursuing adoption

5. Recent HIV and Hepatitis B test results for both individuals

6. Certificate of income

7. Residential proof

8. Details of investments

9. Recommendation letters from three individuals

10. Additional documents, as requested by the adoption agency or court

How to Draft Format for Deed of Adoption?

Here's a step-by-step guide on how to draft a format for a deed of adoption:

1. Title and Introduction

Begin by naming your document something like "Adoption Deed". Mention the people involved in the adoption such as the adoptive parents, biological parents, and the child. For example, "This Adoption Deed is between Ravi and Sunita Verma (the adoptive parents), and Anjali Gupta (the biological mother) for the adoption of the child, Priya Gupta."

2. Background

Explain briefly why this adoption is happening. You might say, "Ravi and Sunita Verma wish to adopt Priya Gupta because they have always wanted to extend their family, and Anjali Gupta believes this is in the best interests of Priya."

3. Recitals

This section is like the backstory of the adoption deed. Here, you give a more detailed explanation about everyone involved in the adoption and the reasons behind it. It's also where you should provide any critical legal information.

For example

Ravi Verma, who is 45 years old, and Sunita Verma, who is 44 years old, serve as the adoptive parents. They live at [address] and have been married for 20 years. They have always desired to expand their family and share their love with a child. Both are financially stable and emotionally ready to take on this responsibility.

Priya Gupta, aged 6, is the child to be adopted. Priya currently resides with her biological mother, Anjali Gupta, at [address]. Anjali is a single mother who has found it increasingly challenging to provide for Priya's needs. After careful consideration, Anjali believes that allowing Ravi and Sunita to adopt Priya would be in the best interest of her daughter's future.

Anjali Gupta hereby consents to the adoption as per Section 56 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which allows for the voluntary surrender of a child for adoption by the biological parent."

This narration provides a clear picture of the situation, showing why each party is involved in the adoption process and how the adoption aligns with the legal framework in India. Remember, while this example is fictional, the actual details in your deed should be accurate and truthful.

4. Operative Clauses

This part of the deed outlines the main responsibilities and duties that the adoptive parents agree to take on. It should be detailed, covering various aspects of the child's life.

For example

Ravi and Sunita Verma, in their capacity as adoptive parents, consent to undertake the following obligations concerning Priya Gupta:

Care and Nurturing: Ravi and Sunita Verma will provide a loving and secure home for Priya, ensuring her emotional, social, and psychological development.

Health and Medical Care: They will be responsible for all aspects of Priya's health and well-being, including regular health check-ups, necessary vaccinations, and immediate medical care in case of illness.

Education: They commit to providing for Priya's education. This includes enrolling her in a suitable school, supporting her in her academic journey, and facilitating her pursuit of higher education or vocational training if she wishes to do so.

Basic Needs: Ravi and Sunita Verma will provide for Priya's daily needs, such as food, clothing, and shelter.

Moral and Ethical Upbringing: They will also guide Priya's moral and ethical development, teaching her values, and helping her become a responsible citizen.

Emotional Support: They will provide emotional support, love, and care, encouraging Priya in her interests and ambitions, and being there for her in times of need."

These operative clauses lay out clearly what Ravi and Sunita Verma are committing to do for Priya as her adoptive parents. As always, it's essential to consult with a legal professional to ensure that all responsibilities are comprehensively covered and legally sound.

5. Rights and Privileges

This section outlines the legal rights and privileges that the adoptive parents will acquire through the adoption. It should be thorough and cover various aspects of parental rights.

For example

"Upon the successful completion of this adoption, Ravi and Sunita Verma will acquire the following rights and privileges:

Parental Authority: Ravi and Sunita Verma will have full authority to make decisions for Priya's welfare, such as her education, healthcare, and other major life decisions.

Custody: They will have exclusive custody of Priya, meaning they will have the right to her company and can decide where she lives.

Name Change: If they choose to, Ravi and Sunita Verma can change Priya's last name to their own, signifying her inclusion in their family.

Inheritance: Priya will have the same inheritance rights as a biological child. She can be included in Ravi and Sunita Verma's will as an heir.

Representation: Ravi and Sunita Verma will have the right to represent Priya in all legal matters until she reaches the age of majority.

Emotional Bond: Beyond legal rights, they will have the privilege to share in Priya's life milestones, successes, challenges, and the unique joy that comes with being a parent."

This section should reflect the full spectrum of rights that come with parenthood, thus underscoring the seriousness and permanence of the adoption. 

6. Declarations and Undertakings

This is where everyone involved agrees to what's in the deed. For example, "Ravi and Sunita Verma understand their responsibilities as adoptive parents and agree to follow all laws related to the adoption. Anjali Gupta also consents to the adoption and understands its implications."

7. Execution and Signatures

End by having everyone sign and date the deed. For example: "This Adoption Deed is agreed upon and signed by Ravi Verma, Sunita Verma, and Anjali Gupta, in the presence of two witnesses, on this date __."

Deed of Adoption - Sample Format

That being said, here's a very basic example of what a deed of adoption might look like. Remember, this is a simplified, generalized example and is not legally comprehensive or definitive. Always consult a professional in your jurisdiction.

DEED OF ADOPTION

This DEED OF ADOPTION is made and entered into this ______ day of ___, 20, by and between:

[BIOLOGICAL PARENTS' NAMES], (hereinafter referred to as the "First Party"), AND

[ADOPTIVE PARENTS' NAMES], (hereinafter referred to as the "Second Party").

WHEREAS, the First Party is the biological parent(s) of the minor child, [CHILD'S FULL NAME], born on [CHILD'S DATE OF BIRTH];

WHEREAS the First Party desires to place the child for adoption with the Second Party, and the Second Party desires to adopt the child;

NOW, THEREFORE, for and in consideration of the promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

The First Party hereby irrevocably consents to the adoption of the child by the Second Party.

The Second Party hereby accepts the responsibility of the child and promises to care for, nurture, and provide for the child as if they were their own biological child.

The First Party understands and agrees that upon the execution of this Deed of Adoption, they will terminate all legal rights and responsibilities to the child.

This Deed of Adoption is subject to the approval of the appropriate court of jurisdiction.

This Deed shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.

[BIOLOGICAL PARENTS' SIGNATURES AND DATES]

[ADOPTIVE PARENTS' SIGNATURES AND DATES]

[WITNESSES' SIGNATURES AND DATES, IF REQUIRED]

[NOTARY PUBLIC'S SIGNATURE AND SEAL, IF REQUIRED]

Please, consult with a legal professional to ensure you're meeting all legal requirements and protecting the rights of all parties involved, especially the child. Adoption is a complex process with long-term implications and the rules differ locally, it's crucial to ensure everything is done properly and ethically.

Conclusion

The child adoption process can be complex and emotionally challenging, but a well-crafted Child Adoption Deed can provide assurance and clarity for all parties involved. It is always advisable to consult with a legal expert or adoption agency to make sure all legal requirements are met and that the deed is properly executed and recorded. 

This not only ensures the legality of the adoption but also protects the rights of the adopted child and adoptive parents, paving the way for a stable and loving family relationship.

FAQs

Q1. Does an adoption deed need to be notarized?

Yes, in most jurisdictions, an adoption deed must be notarized to be considered legally valid. It is also often required to be witnessed by at least two individuals.

Q2. How does an adoption deed differ from an adoption certificate?

An adoption deed is a legal document that signifies the transfer of parental rights from the biological parents to the adoptive parents. An adoption certificate, on the other hand, is issued by the authorities after the adoption process has been completed. It serves as a record of the adoption and may be used as proof of the adoption.

Q3. Can an adoption deed be changed or revoked once it is completed?

Once an adoption deed has been completed and finalized, it generally cannot be changed or revoked without a court order. However, the specifics can depend on local laws and regulations.

Q4. What should I do if I lose the original copy of the adoption deed?

If you lose the original copy of the adoption deed, you should contact the court or agency that handled the adoption. They may be able to provide a certified copy of the document.

Q5. Do I need a lawyer to create an adoption deed?

While it is possible to create an adoption deed without a lawyer, it is generally recommended to seek legal advice. Adoption is a complex legal process, and a Child Adoption lawyer can ensure that all requirements are met and that the adoption deed is legally sound.

Q6. How long does it take to get an adoption deed?

The time it takes to get an adoption deed can vary widely depending on the circumstances. It involves several steps, including home studies, court hearings, and mandatory waiting periods. It could take anywhere from a few months to a few years.

About The Author: 

Adv. Nisarg J. Desai is the principal Property, Civil and Commercial Litigation & Non-Litigation partner within his stakeholding firm, Baja Desai Reshmwala. With a demonstrated history of more than 7 years, of providing thorough legal consultation in the industry, Nisarg is a seasoned professional. Nisarg has completed his graduation with Magna cum laude in B.A.LL.B.(Hons.) and LL.M. with a specialisation in Business Law from the renowned Faculty of Law, The Maharaja Sayajirao University of Baroda. Nisarg has an excellent background in academia and has developed a prosperous law practice, showcasing his proficiency in managing an extensive spectrum of legal cases in several jurisdictions. Nisarg has appeared on behalf of clients in notable courts including, the High Court of Gujarat, tribunals-Commercial Arbitrations-Mediations in Gujarat, the City Civil Court at Ahmedabad, and the District & Sessions Courts in the State of Gujarat. To name a few he has appeared and worked for Tata Unistore Ltd. (TATA CLIQ), Spinny, Union Bank of India, Divaym Hospital under the Divyam Institute of Psychiatry, PhysicsWallah, etc. In addition to being skilled at handling criminal, commercial, and matrimonial cases, Nisarg is also skilled at drafting legal documents such as opinions, petitions, suits, applications, notices, contracts, etc. Nisarg also provides excellent consulting services including compliance, contract negotiations, contract reviews, and commercial arbitration. Nisarg's pre-enrolment internships with prominent legal firms and experienced advocates have sharpened his research abilities and provided him with significant litigation and non-litigation experience. Nisarg is actively involved in his professional growth; his attendance at conferences, diverse learning opportunities, and volunteer work highlights his dedication to lifelong learning.