Drafting of Adoption Deeds in India – A Complete Guide

Adoption is a legal process by which a person takes another’s child as his or her own, conferring upon the adopted child all the rights, privileges, and responsibilities of a natural-born child. In India, the process of adoption is primarily governed by The Hindu Adoption and Maintenance Act, 1956 (HAMA) for Hindus, Buddhists, Jains, and Sikhs, and by the Juvenile Justice (Care and Protection of Children) Act, 2015 for persons of other religions or inter-country adoptions. The Adoption Deed is the key legal document that records this transaction and ensures that the adoption is legally recognized.

Meaning and Purpose of an Adoption Deed

An Adoption Deed is a formal written document through which the adoptive parents and the natural parents (or guardians) of the child declare and acknowledge the transfer of the child from one family to another. It serves as conclusive proof that the adoption has been made in accordance with law and establishes the rights of inheritance, maintenance, and succession for the adopted child.

In simple terms, the direct answer is that an Adoption Deed is the legal document through which a person lawfully adopts a child and confers upon that child the same rights as a natural-born child.

Legal Provisions Governing Adoption

  1. For Hindus, Buddhists, Jains, and Sikhs
    Governed by the Hindu Adoption and Maintenance Act, 1956 (HAMA).
    • Section 6: Essentials of a valid adoption.
    • Section 7 & 8: Who can adopt.
    • Section 9: Who can give a child in adoption.
    • Section 10: Who can be adopted.
    • Section 11: Other conditions for a valid adoption.
    • Section 12: Effects of adoption.
    • Section 16: Presumption as to registered documents of adoption.
  2. For Muslims, Christians, and Parsis
    There is no specific personal law recognizing adoption. They may take a child under the Guardians and Wards Act, 1890, or under the Juvenile Justice Act, 2015.
  3. For Inter-country or Non-Hindu Adoptions
    Governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Central Adoption Resource Authority (CARA) guidelines.

Essentials of a Valid Adoption under HAMA

To ensure the legality of the Adoption Deed, the following conditions must be met:

  1. Capability to Adopt – The adoptive parent must be a Hindu of sound mind, not a minor, and capable of adopting under Sections 7 and 8 of HAMA.
  2. Capability to Give in Adoption – Only the child’s father, mother, or guardian (if both parents are dead or have renounced the world) can give the child in adoption.
  3. Capability to be Adopted – The child must be Hindu, below 15 years of age, unmarried, and not already adopted.
  4. Difference in Gender – A male Hindu adopting a female child (or vice versa) must be at least 21 years older than the child.
  5. Actual Ceremony – The ceremony of “Datta Homam” or actual giving and taking of the child in adoption must be performed.
  6. Adoption of One Child of the Same Gender – A person cannot adopt a son if they already have a living son, grandson, or great-grandson, and likewise, cannot adopt a daughter if a daughter or granddaughter is alive.

Contents of an Adoption Deed

An Adoption Deed must clearly mention every necessary detail to avoid future disputes. The following are the standard contents:

  1. Title and Date – “Deed of Adoption” and the date of execution.
  2. Parties Involved –
    • The natural parents or guardian of the child.
    • The adoptive parents.
    • The child being adopted (name, age, gender).
  3. Recitals –
    • Details of the relationship between parties.
    • Confirmation that all legal requirements have been fulfilled.
    • Reasons for adoption.
  4. Declaration Clause –
    • Declaration by the natural parents giving the child in adoption.
    • Declaration by the adoptive parents accepting the child as their lawful child.
  5. Rights and Obligations –
    • The adopted child shall have all legal rights, including inheritance rights, as a natural-born child.
    • The natural parents relinquish all legal claims over the child.
  6. Witness Clause – Signatures of two witnesses verifying that the adoption took place in their presence.
  7. Execution Clause – Date, place, and signatures of both parties.

Sample Format of Adoption Deed

DEED OF ADOPTION

This Deed of Adoption is made on this ___ day of ____, 20 at __________, by:

Mr. A.B., aged ___ years, son of ____________, residing at _____________ (hereinafter referred to as the Adoptive Father), and
Mrs. C.D., aged ___ years, wife of A.B., residing at the same address (hereinafter referred to as the Adoptive Mother).

AND

Mr. E.F., aged ___ years, son of _____________, residing at _____________ (hereinafter referred to as the Natural Father), and
Mrs. G.H., aged ___ years, wife of E.F., residing at the same address (hereinafter referred to as the Natural Mother).

WHEREAS:

  1. The natural parents have a son/daughter named [Child’s Name], aged ___ years, born on ____________, who is Hindu by religion.
  2. The adoptive parents are Hindus having no child of their own (or as stated).
  3. The parties have mutually agreed that the said child shall be given in adoption by the natural parents to the adoptive parents in accordance with the Hindu Adoption and Maintenance Act, 1956.
  4. The ceremony of giving and taking in adoption has been duly performed on ____________ at ____________ in the presence of witnesses.

NOW THIS DEED WITNESSETH AS UNDER:

  1. The natural parents hereby give their said son/daughter, [Child’s Name], in adoption to the adoptive parents in accordance with the provisions of the Hindu Adoption and Maintenance Act, 1956.
  2. The adoptive parents hereby accept the said child as their own lawful child and undertake to maintain and bring up the child as their own.
  3. After this adoption, the said child shall be deemed to be the child of the adoptive parents for all purposes, including inheritance and succession, and shall cease to be the child of the natural parents.
  4. The natural parents shall have no claim in respect of the person or property of the child after adoption.
  5. The adoption has been made voluntarily and without any monetary consideration.

IN WITNESS WHEREOF, the parties have executed this Deed of Adoption on the day, month, and year first above written.

Signature of Adoptive Father
Signature of Adoptive Mother
Signature of Natural Father
Signature of Natural Mother

Witnesses:

Stamp Duty and Registration

  • The Adoption Deed must be executed on non-judicial stamp paper as per the stamp duty prescribed by the respective State Stamp Act (generally around Rs. 100 to Rs. 200).
  • As per Section 17 of the Registration Act, 1908, registration of the Adoption Deed is optional but highly recommended because a registered deed serves as strong legal proof under Section 16 of HAMA, creating a presumption that the adoption has been validly made.
  • The deed should be registered in the Sub-Registrar’s Office within whose jurisdiction the parties reside.

Documents Required for Registration

  1. Aadhaar Cards or ID proof of natural and adoptive parents.
  2. Birth certificate of the child.
  3. Marriage certificate of adoptive parents (if applicable).
  4. Passport-sized photographs of all parties.
  5. Proof of residence of both sets of parents.
  6. Affidavit declaring no prior adoption of a child of the same gender.
  7. Proof of adoption ceremony (photographs or witness statement).

Legal Effects of Adoption

Once a valid adoption is completed and recorded through an Adoption Deed:

  1. The adopted child ceases to belong to the biological family and becomes the child of the adoptive parents for all purposes.
  2. All rights, duties, and obligations between the child and the biological parents are terminated.
  3. The adopted child acquires rights of inheritance in the adoptive family and loses inheritance rights in the biological family.
  4. The adoption is irrevocable, except in cases of fraud or misrepresentation.

Precautions While Drafting an Adoption Deed

  1. Ensure that all statutory conditions under Sections 6–11 of HAMA are strictly complied with.
  2. Verify the age and marital status of the child before adoption.
  3. Ensure that the adoption is voluntary and without coercion or consideration.
  4. The giving and taking ceremony must be proved through witnesses.
  5. Register the deed to avoid future disputes regarding validity.

Conclusion

The drafting of an Adoption Deed in India is a legally significant process that must be done with utmost precision and compliance with statutory requirements. It establishes a new parent-child relationship with full legal recognition and rights. A well-drafted and properly registered Adoption Deed not only serves as conclusive proof of adoption but also safeguards the interests of both the child and the adoptive parents from any future legal complications. Therefore, while preparing an Adoption Deed, it is advisable to consult an experienced Advocate to ensure that the adoption is valid, lawful, and in the best interest of the child.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

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