Apni Law Staff asked 4 months ago
My husband wants to adopt my son, but we’re confused about the process. Our lawyer says stepchild adoption isn’t possible, mentioning HAMA and a give and take procedure. Since I’m my son’s mother, how can I “give” him to my husband? If the lawyer is wrong, what wording should the adoption deed have?
Alternatively, could we explore joint custody or my husband sharing custody of my son? My divorce was granted without my ex-husband’s presence due to his abandonment (he’s been missing for 7 years). The decree doesn’t mention custody. Should I get sole custody from the court first?
Best Answer
Apni Law Staff answered 4 months ago
Indian law doesn’t allow stepchild adoption, so your lawyer is correct. You can’t “give” your son to your husband for adoption. However, your husband can seek joint custody or guardianship, and the court can grant it if it’s in your son’s best interest. Since your divorce decree doesn’t mention custody, you should seek sole custody from the court first.
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