ADOPTION DEED
This Deed of Adoption (this "Deed") is made at __________ on __________.
BETWEEN
__________, of __________ (together the "Adoptive Parents", which expression, where the context so requires, includes either of them acting alone),
AND
The person or persons giving the Child in adoption, described in Recital D below (the "Persons Giving in Adoption").
RECITALS
A. __________. The Adoptive Parents are __________, and are governed by the Hindu Adoptions and Maintenance Act, 1956 ("the Act") within the meaning of section 2 of that Act.
B. __________, __________, born on __________, is the child being given and taken in adoption by this Deed (the "Child"). The Child is __________.
C. __________.
D. __________.
E. The Child has actually been given by the Persons Giving in Adoption and taken by the Adoptive Parents in adoption, on __________ at __________, with intent to transfer the Child from the family of the Child's birth to the family of the Adoptive Parents, which act of giving and taking has in fact been performed within the meaning of section 6(iv) of the Act.
F. Each person executing this Deed does so voluntarily, understands the effect of adoption under the Act, and confirms that, to that person's knowledge, none of the conditions in sections 10 and 11 of the Act that would make this adoption void remains unsatisfied.
NOW THIS DEED WITNESSES as follows.
- ADOPTION
1.1 The adoption of the Child by the Adoptive Parents recorded in Recital E is hereby confirmed and reduced to writing in this Deed, signed by the Persons Giving in Adoption and by the Adoptive Parents, for the purposes of section 16 of the Act.
- EFFECT OF ADOPTION
2.1 From the date of adoption stated in Recital E, the Child shall, for all purposes, be deemed to be the child of the Adoptive Parents, and all ties of the Child in the family of the Child's birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family, as section 12 of the Act provides — save that the Child shall not marry any person whom the Child could not have married if the Child had continued in the family of the Child's birth, and any property that had vested in the Child before the adoption shall continue to vest in the Child, subject to the obligations, if any, attaching to it, including any obligation to maintain relatives in the family of the Child's birth.
2.2 The Adoptive Parents shall have, and may exercise, all the rights, and shall be subject to all the obligations, of a natural parent of the Child under the Act and under every other law for the time being in force, including the Hindu Minority and Guardianship Act, 1956.
- NO CONSIDERATION
3.1 No person has received or agreed to receive, and no person has given or agreed to give, any payment or reward in consideration of this adoption, and this Deed is not executed in contravention of section 17 of the Act.
- REGISTRATION
4.1 __________.
- GENERAL
5.1 This Deed is governed by the laws of India. Any dispute concerning this Deed is subject to the jurisdiction of the competent courts at __________.
5.2 If any provision of this Deed is held invalid or unenforceable, the rest of it continues in effect.
IN WITNESS WHEREOF the parties have executed this Deed at __________ on __________.
SIGNED by the ADOPTIVE PARENT(S)
__________
Signature: ______________________________
SIGNED by the PERSON(S) GIVING THE CHILD IN ADOPTION
WITNESSES
- __________
__________
Signature: ______________________________
- __________
__________
Signature: ______________________________