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Adoption Deed

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What is Deed of Adoption? 

A deed of adoption is required when the parental rights and responsibilities are being transferred from biological parents (or guardians) to adoptive parents. This deed is a formal document that discloses all the details of the adoptive parents, the child, and their biological parents, confirming the consent of all the parties involved, along with all the adoption, including maintenance and upbringing of the child.  

Why Choose DigiLawyer for Adoption Deed?

If you are planning to adopt a child and need a deed of adoption to make the adoption legal, then you can reach out to DigiLawyer. We can help you with drafting, reviewing, and registering the necessary documents, providing expert legal guidance on the complex process, ensuring compliance with the Central Adoption Resource Authority (CARA) adoption registration or other regulations, and we also take care of any necessary court representation or mediation.

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You can consult with a team of experienced lawyers, who draft, review, and help in making deed of adoption legally enforceable.
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For Biological/Adoptive Parents
Whether you're a biological or adoptive parent, DigiLawyer would ensure all the legal requirements are met easily, reliably, and effectively.
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Instantly download a legally sound Adoption Deed format PDF online, or have a printed copy of completed adoption papers delivered directly to your doorstep with tracking & proof of dispatch.

How Can DigiLawyer Help You with a Deed of Adoption? 

DigiLawyer has a team of expert lawyers who have been offering services for many years. Here’s how we can help:

Easy Drafting: No legal jargon. No confusion. Just a clean, guided process that helps you draft a well-formatted legal adoption deed in minutes. Whether you do it yourself or get a little help from our legal experts, we make sure it’s clear, confident, and to the point. 

Legal Validation: Our team will manually review, sign, and provide stamp paper for adoption deed registration by a licensed advocate, ensuring it meets legal standards, increases enforceability, and stands strong in any legal scrutiny. 

Downloadable Adoption Deed Format: Your finalized draft is available online for instant download in PDF format - ready to print, share, or archive for your records. 

Convenient Delivery: Choose how your deed is delivered, via WhatsApp, email, speed post, or registered courier. We ensure your adoption papers are sent securely, professionally, and with proper documentation of delivery and proof. 

What Documents are Required for the Child Adoption Process in India? 

Here is the list of documents required for adoption deed: 

1. For Adoptive Parents 

  • Identity Proof: Passport, PAN card, Driving License, or Voter ID  
  • Address Proof: Aadhaar card, Ration card, or Electricity bill  
  • Marriage Certificate: Required for married couples 
  • Health Certificate: A medical certificate from a registered practitioner stating the prospective adoptive parents are free from contagious diseases and medically fit to adopt  
  • Income Proof: Income certificate, salary slips, income tax returns (for the last three years), or bank statements for the last six months  
  • Financial Statement: Details of movable and immovable property and any loans taken  
  • Recommendation Letters: Three letters of recommendation from individuals familiar with the family  
  • Family Photograph: A recent postcard-sized photograph of the family or couple  

2. For Child  

  • Age Proof: Birth certificate 
  • Medical Records: Medical reports of the child 
  • Child's Consent: Written consent from the child, if the child is above 7 years of age 

3. For Biological Parents (If Applicable)  

Identity and Address Proof: Documents to confirm their identities and residency 

Consent: Written consent for the adoption 

Additional Documents 

  • Previous Adoption Decree: If the couple has adopted a child before  
  • Divorce Decree: In case of a single adoptive parent  
  • Application for Adoption: A formal application submitted to the authorities or court 

Once the adoption deed is drafted, registration of the deed is mandatory to make the adoption legally valid and enforceable. This involves submitting the deed to the relevant sub-registrar’s office under whose jurisdiction the adoptive parents reside. Registration confirms the authenticity of the adoption deed and provides legal recognition.

Key Registration Requirements

  • The adoption deed must be signed by all parties involved (adoptive parents, biological parents if applicable, and witnesses).
  • The deed should be executed on a non-judicial stamp paper as per the state laws.
  • Registration must be done in person or through a advocate representing the parties.
  • Supporting documents (identity proofs, consent letters, court orders if applicable) need to be submitted during registration.
  • After registration, a certificate of registration will be issued which serves as proof of legal adoption.

Key Eligibility Criteria for Adoptive Parents in India 

Here is the key eligibility criteria for the adoptive parents in India: 

Age: Adoptive parents must be at least 25 years old. The age difference between the adoptive parent(s) and the child should be at least 25 years. For single parents, the maximum age limit is 55 years, while for couples, the combined age limit is usually capped at 110 years; however, it depends on the child's age group (up to 18 years). 

Marital Status: Both married and single individuals can adopt. Married couples must have a stable marital relationship of at least 2 years, and both must consent to the adoption. Single females can adopt children of any gender, while single males can only adopt male children. 

Health and Stability: Prospective parents must be physically, mentally, emotionally stable, financially capable, and free from life-threatening medical conditions. 

Number of Children: Couples with three or more children are generally not eligible to adopt unless adopting special-needs children or under specific exceptional conditions (such as relative or step-parent adoption). 

Citizenship: Adoptive parents can be Indian citizens, NRIs (Non-Resident Indians), or foreign citizens, though procedures may vary. 

Other: Home study and counseling are part of the process to assess suitability. 

What Does an Adoption Deed Include? 

Here are the key details included in the deed of adoption: 

  • Identification of Parties: Details of both the adoptive parents (including names, ages, addresses, ID numbers) and the biological or surrendering parents, if applicable. 
  • Child's Details: Name, date of birth, gender, religion, and other identifying information of the child being adopted. 
  • Adoption Agreement: A Clear statement that the adoptive parents have legally taken the child in adoption as their son/daughter, following religious or customary rites. 
  • Legal Rights: Declaration that the adopted child shall have the same legal rights as a biological child in the adoptive family, including succession and maintenance rights. 
  • Relinquishment: Confirmation that the biological or surrendering parents relinquish all claims and custody rights over the child after adoption. 
  • Maintenance and Care: Assurance by the adoptive parents to take responsibility for the child's upbringing, maintenance, education, and welfare. 
  • Irrevocability: Statement that the adoption is final and irrevocable. 
  • Compliance: Confirmation that the adoption complies with relevant laws (e.g., Hindu Adoptions and Maintenance Act, 1956, or Juvenile Justice Act as applicable). 
  • Witnesses: Signatures of witnesses to the deed and place/date of execution. 

Governing Laws  

Here are the key laws that govern the deed of adoption in India: 

  • Hindu Adoption and Maintenance Act, 1956 
  • Juvenile Justice (Care and Protection of Children) Act, 2015 
  • Guardians and Wards Act, 1890 
  • Adoption Regulations under the Central Adoption Resource Authority (CARA) 
  • Muslim Personal Law (Shariat) (note: does not legally recognize adoption but guardianship) 
  • Indian Christian Adoption Laws (under the Guardians and Wards Act, 1890) 

Can a single person adopt a child and get an adoption deed?

Yes, single females can adopt any child, while single males can adopt only male children, and have the deed accordingly.

Is the consent of biological parents mandatory for adoption?

Yes, in most cases, biological parents’ consent is required unless the child is orphaned or abandoned.

Can an adoption deed be revoked?

No, once executed and registered or court-approved, an adoption deed is irrevocable.

How long does the adoption deed registration process take?

Typically, it may take 1–2 weeks after submission to the Sub Registrar’s office.

What happens if adoption is done without an adoption deed?

Adoption may not be legally recognized without proper documentation, risking legal disputes on custody and inheritance rights.

Are witnesses required for the adoption deed?

Yes, typically, signatures of two witnesses are usually required to witness the execution of the deed along with the adopting parents and the biological parents (if applicable).

Can adoptive parents change the child's name in the adoption deed?

Yes, the adopted parents can change the child’s name and reflect the same in the adoption deed.

Do adoptive parents have the same rights and obligations as biological parents?

Yes, legally, they assume all parental rights and responsibilities.

How much time does the adoption process take in India?

The adoption process in India typically takes 6 months to 2 years from registration to finalization, depending on several factors such as agency involvement, applicant preparedness, and legal procedures.

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