When a step-parent decides to adopt their stepchild, it reflects a deep commitment to forming a unified family. This process often arises from the desire to provide stability, security, and a sense of belonging for the child. Legally, step-parent adoption establishes the adopting step-parent as the child’s legal guardian, which can be crucial in situations involving the child’s welfare, such as medical decisions or inheritance rights. Another essential step in the step-parent adoption process is the home study, which is an evaluation conducted by a social worker or adoption agency to assess the suitability of the home environment. Although step-parent adoptions are typically considered less intrusive than other types of adoptions, Indian law still generally requires a home study to ensure the child’s well-being is prioritized.
If I Wish To Adopt My Stepchild, Is the Parent’s Consent Required?
The simple answer is yes, in most cases. Indian law mandates that if the child is under 18, adoption can only be granted with written consent from each living biological parent or, in their absence (or refusal based on legally recognized grounds such as abandonment or neglect), after termination of parental rights by court order. The consent of the non-custodial biological parent is generally mandatory, unless the court terminates such rights for specific legal reasons.
Stepparent adoption is a legal process where a stepparent becomes the legal parent of their spouse's child, permanently severing the non-custodial biological parent's rights and responsibilities. The process involves filing a petition with the court, obtaining the non-custodial parent's consent or having their rights terminated by the court, undergoing a background check and home study, and finalizing the adoption with a court order. This creates a new, permanent parent-child relationship with all the rights and responsibilities of a biological parent.
Step-parent adoption legally establishes a step-parent as the parent of their spouse's child from a previous relationship, granting full legal parental rights and responsibilities, which involves severing the non-resident biological parent's legal ties to the child and ensuring long-term security and a stable family environment for the child.
One of the initial legal hurdles in step-parent adoption is obtaining the necessary consent from all relevant parties. Typically, this includes the child’s other biological parent. Consent from the non-custodial biological parent is crucial because it involves the termination of their parental rights. In some cases, this parent may willingly consent to the adoption. However, if the other parent does not consent, the court may need to determine whether their consent is necessary based on legal grounds such as abandonment, neglect, or demonstrated failure to support the child. Without such grounds, courts routinely uphold the necessity of biological parent consent for adoption.
Before proceeding with step-parent adoption, it’s crucial to understand the eligibility criteria and requirements set forth by the applicable law (such as HAMA for Hindus or the Juvenile Justice Act for others). Typically, the non-custodial parent must consent to the adoption, or their rights must be terminated by the court due to abandonment, neglect, or other legal grounds.
Obtaining the consent of the non-custodial parent is a critical step in the adoption process. However, if the non-custodial parent refuses to consent or cannot be located, the court may terminate their parental rights based on specific legal grounds, such as abandonment or failure to support the child.
As part of the adoption process, the prospective step-parent must undergo a home study and background checks to ensure they can provide a stable and nurturing environment for the child. This includes assessments of the home environment, criminal background checks, and interviews with family members.
Once all requirements are met, the prospective step-parent must file a petition for adoption with the court. This petition typically includes documentation such as consent forms, background check reports, and the adoption agreement outlining the rights and responsibilities of the parties involved.
After filing the adoption petition, the court will schedule a hearing to review the case. During the hearing, the judge will ensure that all legal requirements have been met and that the adoption is in the best interests of the child. If approved, the court will issue a final adoption decree, legally establishing the step parent-child relationship.
After the adoption is finalized, it’s essential to update legal documents, such as birth certificates, social security records, and estate plans, to reflect the new parent-child relationship. Additionally, the adopted child may be eligible for benefits such as inheritance rights, medical coverage, and survivor benefits.
Mr. Sumed S/O Devidas Thamke And Others vs Nil,
decided on June 30, 2021.
Court: Bombay High Court, Nagpur Bench.
Case Type: Civil Revision Application No. 9 of 2021.
Parties:
Applicants: Mr. Sumed s/o Devidas Thamke and others. (The others were his wife, Mrs. Nisha w/o Sumed Thamke, who were the prospective adoptive parents, and the biological parents of the child).
Respondent: Nil.
Bench: Justice Manish Pitale.
Background: The case involved an application for the adoption of a minor girl child. The applicants were challenging a lower court's decision that had rejected their application. The lower court's rejection was based on the premise that the child was not an orphan, surrendered, or abandoned, and therefore the provisions of the Juvenile Justice Act, 2015 were not applicable.
Key Issue: The central legal question before the High Court was whether the adoption of a child from her biological parents by a relative (in this case, the prospective adoptive parents were not relatives, but the case pertained to whether the JJ Act, 2015 was the appropriate law for "relative adoption" and "in-country" adoption as a whole) could be undertaken under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Judgement: The Bombay High Court, in its judgment, ruled that the lower court's reasoning was incorrect. The Court held that the JJ Act, 2015 and the Adoption Regulations, 2017, do indeed provide a framework for "in-country relative adoption," which is the process where a child is adopted from their biological parents by a relative. The High Court's decision essentially overturned the lower court's ruling, clarifying the legal procedure for such adoptions. This case is often cited as a precedent for adoptions under the JJ Act, especially those involving relative adoptions.
Step Parent Adoption—The Process and Legal Considerations
Step parent adoption is a significant decision that can have a profound impact on your family’s dynamics and legal status. By understanding the process and seeking guidance from a qualified civil lawyer, such as those at LegalEye Firm, you can navigate the legal considerations involved and ensure a smooth transition for your family. Remember, step parent adoption is about strengthening bonds and providing a loving and stable home for the child.
Family law
Mordern hindu law – Dr Paras Diwan
indiankanoon.org
cara.wcd.gov.in
