All the Recent Updates Regarding Adoption

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1 Introduction

1.1 Consent of Wife Estranged but not Divorced necessary for adoption:

1.2 No Bar on Step-Parent to Become A Child’s Adoptive Parent:

1.3 Related

Introduction

1. Supreme Court agrees to examine plea for gender & religion-neutral uniform law on adoption & guardianship
2. A bench headed by Chief Justice S A Bobde issued notices to union ministries of home affairs, law and justice, and the women and child development on the PIL filed seeking removal of anomalies and making of Gender and Religion Neutral Law on Adoption and Guardianship. The bench was hearing the petition filed by lawyer and BJP leader Ashwini Upadhayay.

Consent of Wife Estranged but not Divorced necessary for adoption:

Allahabad High Court held that even if a man’s wife is not living with him but not divorced, the man needs the consent of such estranged wife to adopt a child under the Hindi Adoption’s and Maintenance Act 1956. Justice JJ Munir passed the order while dismissing a petition filed by one Bhanu Pratap Singh of Mau in which he had requested for appointment on compassionate grounds in the forest department of the state after the death of his uncle Rajendra Singh.

According to the petitioner, in 2001, he was adopt by his uncle who was alienate from his wife, Phulmati, and

had no child from the marriage.

The court declined to interfere in the rejection order passed by the forest department while holding that adoption was not in accordance with the law. It said the late government official’s wife had not been divorce till his death and

she was still his wife, though estranged and living separately,

so her consent was necessary for the late government official to adopt the petitioner.

No Bar on Step-Parent to Become A Child’s Adoptive Parent:

ALL THE RECENT UPDATES REGARDING ADOPTION

The Karnataka High Court recently declared a stepmother as a legally adopted mother of the minor child. And the couple as the parents of a minor child for all legal purposes. The Court observe that “By the process of adopting a child is transplant into the family of his natural father and

stepmother thereby establishing a permanent parent-child relationship”.

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