Aditya Dua | Legistify

Aditya Dua
Answered on 24 Jul 2019

The Process Involves - 1. Submission of documents (prescribed by CARA) validating the parents ability to care for a child. 2. An assessment of the capability of the prospective parents to look after an adopted child, by way of a home-study by a professional Social worker. 3. Selecting the child and taking her home under foster care. 4. Filing of the Court petition and scrutiny of the dossier by the Scrutiny Agency. READ: Child Adoption Under Hindu Laws In India | Child Adoption Laws You can consult with our experienced family law lawyer in India who will help and suggest you how to legally adopt a child in India.Read More

Posted on 22 Jul 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Deed of adoption is necessary for adopting a child. It has to be signed by the biological parents and In addition it has to be registered. The birth certificate would reflect the name of biological parents. If you want the name of the adopted parents to be reflected you have to make application to magistrate and obtain the court order then only will changes be reflected in the birth certificate. Please also note that the magistrate wont pass an order unless there is a valid adoption deed.Read More

Posted on 03 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

IVF (in-vitro fertilization) is a way of getting pregnant where an egg is fertilised by the sperm outside the body. This way of getting pregnant doesn’t need any kind of physical contact. There can be various reasons for adopting this method such as infertility, same-sex couples, will to get pregnant etc. In this, the sperm of the donor and the egg from the female will be fused using medical ways outside the body of the female. Then the fertilised egg will be introduced into the female’s body. The pregnancy will then continue to be natural and normal. In India, the process of IVF is completely legal and even cheaper than the rest of the world. IVF treatments in India have flourished because of medical expertise. People from all over the world come to India for the best and cheapest artificial pregnancy treatments. IVF is completely legal in India. The only thing that can question you for IVF while being single is the Indian society but that should not stop you from getting pregnant if that’s what you want and think is right for you. You must hire the Top Family Law Attorneys in India to help you by making the process more understandable, easier and faster.   Surrogacy is a practice where a surrogate mother carries the child for the couple or even a single parent. In surrogacy basically, the womb of a female is used to get a child. People can adopt this practice in circumstances such as infertility, same-sex couples, single parents, etc. Surrogacy is a popular exercise in India for poor females to get money from rich and childless people. People often pay a lot to surrogate mothers. To regulate the practice of surrogacy an act has been passed in 2016 which completely makes commercial surrogacy (where only earning money is the aim in exchange for a child) illegal. According to the law people wishing to get a surrogate mother would have to go to the governmental agencies for this and then everything will be done by the process laid down by the act. Hence, you can be with a child with both the ways. Both are legal and regulated by Indian laws. You must hire the best Family Law Attorneys in India to help you by making the process more understandable, easier and faster. The Best Family Law Advocate will also help you by making the law regarding both the practices clearer to you. Read More

Posted on 03 Aug 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

In India the surrogate is not considered as the legal mother. As per ICMR Guidelines 2005, a surrogate mother cannot be genetically related to the child . She is legally and psychologically counselled that she will not be having any rights over the child. Her rights and obligations towards the intended parents as well the child are formulated in the gestational surrogacy agreement. Moreover, a child born through surrogacy shall be presumed to be the legitimate child of the intended parents/s and shall have all the legal rights to parental support, inheritance and all other privileges which a child born naturally to the intended parents/s would have had. Read More

Posted on 19 Jun 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

There are different laws that govern adoption of a child in India:  The Hindu Adoption and Maintenance Act, 1956 The Guardians and Wards Act,1890 The Juvenile Justice (Care and Protection) Act, 2000 Under the Indian laws, a single male cannot adopt a girl child. He can only adopt a male kid. However, a married man can adopt a girl child with the consent of this wife. You can consult a good family lawyer to know your options. Call us at 011-33138123 or send us an email at [email protected] Read More

Posted on 09 Mar 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

In your situation the first step would be to file a police complaint against the said person and seek protection for your child against her. You may among other measures also file a civil suit for injunction to restrain her from approaching the child.Read More

Posted on 03 Mar 2016 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Deed of adoption is necessary for adopting child. It has to be signed by the biological parents. In addition it has to be registered. The birth certificate would reflect the name of biological parents. If you want the name of adopted parents to be reflected you have to make application to magistrate obtain court order then only will changes be reflected in birth certificate. Magistrate won’t pass an order unless there is valid adoption deed.Read More

Posted on 09 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

There is no particular parameter, as per the Guidelines Governing Adoption of Children- 2015. The suitability of parent is assessed during the process of preparation of Home Study Report (HSR) conducted by Social worker. Read More

Posted on 20 Apr 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

No, you cannot adopt the same child directly, as the child has to be produced before the Child Welfare Committee (CWC) and information has to be sent to the local police for legal proceedings as per Juvenile Justice Act. Read More

Posted on 20 Apr 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

You have to contact the concerned Specialised Adoption Agency for conducting Home Study Report (HSR). Read More

Posted on 20 Apr 2016 | 1 Answer