ദത്തെടുക്കൽ രേഖ

ADOPTION DEED This Deed of Adoption is made between the parties described below. 1. THE PARTIES AND THE CHILD The Giver (the person giving the child in adoption) Name : [biological_parent_name] Relationship to the child : [giver_relationship] Address : [giver_address] The Adoptive Parent (the person taking the child in adoption) Name : [adoptive_parent_name] Address : [adoptive_parent_address] The Child Name : [child_name] Age on the date of adoption : [child_age] years 2. RECITALS 2.1 The Adoptive Parent and the child are Hindus within the meaning of the Hindu Adoptions and Maintenance Act, 1956 (the "Act"), which applies to Hindus, Buddhists, Jains and Sikhs. 2.2 On [adoption_date] (the "date of adoption"), the Giver actually gave, and the Adoptive Parent actually took, the child in adoption, with the intent to transfer the child from the family of birth to the family of the Adoptive Parent. 2.3 The adoption was made out of free will. No payment or reward of any kind has been given, received or agreed by any person in consideration of the adoption. 2.4 On the date of adoption the child was a Hindu, had not already been adopted, had not been married and had not completed the age of fifteen years, or, as to marriage or age, a custom or usage applicable to the parties permits the adoption (section 10 of the Act). 2.5 The conditions in section 11 of the Act are met, including the requirement that the Adoptive Parent has no Hindu son, son's son or son's son's son living (where a son is adopted) or no Hindu daughter or son's daughter living (where a daughter is adopted), and the requirement of an age difference of at least twenty-one years where the Adoptive Parent and the child are of opposite sex. 2.6 CAPACITY OF THE GIVER. The Giver has the capacity to give the child in adoption under section 9 of the Act. Where the Giver is the father or the mother, the other parent has consented to the adoption, unless that parent has died, has completely and finally renounced the world, has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind. Where the Giver is a guardian, the previous permission of the court has been obtained under section 9(4) of the Act. Other birth parent and position as to consent : [other_parent_consent] Court permission, where the Giver is a guardian (court, case number and date) : ______________________ 2.7 CAPACITY OF THE ADOPTIVE PARENT. The Adoptive Parent is of sound mind and is not a minor. Where the Adoptive Parent is married, the spouse has consented to the adoption, unless the spouse has completely and finally renounced the world, has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind (sections 7 and 8 of the Act). Spouse of the Adoptive Parent (if married) : [adoptive_spouse_name] NOW THIS DEED WITNESSES AS FOLLOWS: 3. DECLARATION The adoption has been made in accordance with the requirements of the Act, and the Giver confirms that all parental rights and obligations in respect of the child have passed to the Adoptive Parent. 4. EFFECT OF ADOPTION With effect from the date of adoption, [child_name] shall, for all purposes, be deemed to be the child of the Adoptive Parent, with all attendant rights of inheritance and succession as a natural-born child, and all ties of the child in the family of birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family, subject to the exceptions set out in section 12 of the Act. 5. CONSENT This adoption has been made with the free consent of the Giver, the Adoptive Parent and every person whose consent the Act requires, without force, fraud, or undue influence. 6. ADOPTION FINAL The parties understand that under section 15 of the Act a valid adoption cannot be cancelled by the Adoptive Parent or any other person, and the child cannot renounce the adoptive status and return to the family of birth. IN WITNESS WHEREOF the parties have signed this Deed at the place and on the date stated below. Place: ______________ Date of execution: [deed_date] GIVER ADOPTIVE PARENT [biological_parent_name] [adoptive_parent_name] CONSENTING OTHER BIRTH PARENT CONSENTING SPOUSE OF ADOPTIVE PARENT (where applicable) (where applicable) Name: ______________________ Name: ______________________ WITNESSES 1. Name: ______________________ Signature: ______________ Address: ______________ 2. Name: ______________________ Signature: ______________ Address: ______________