Deed of Adoption
The Deed of Adoption is an official guidance template provided by the Tamil Nadu Registration Department for recording and registering the adoption of a minor Hindu daughter, with an execution date to be completed in 2017. It records the parties' declaration that the child becomes the daughter of the adoptive parents with succession rights in their family, gives up claims against her natural parents, and that the adoption is valid, complete and irrevocable.
What the document covers
The Tamil Nadu Registration Department's Deed of Adoption is a template for two married couples to record the adoption of a minor Hindu daughter. The adoptive parents are described as the parties of the first part, while the natural parents are described as the parties of the second part.
The form provides blanks for names, parent or spouse details, ages, identity numbers, mobile numbers and addresses. It also provides blanks for the child's name, age, date of birth and adoption date.
Circumstances recorded
The Deed of Adoption contains statements that:
- The adoptive parents have no children and, according to medical reports, have no hope of having a child of their own.
- The adoptive parents want a child who will continue the family name and safeguard the family assets.
- The natural parents have agreed to give their youngest daughter in adoption.
- The natural parents gave the child, and the adoptive parents took her, in adoption according to religious rites and customs.
- Both couples want to record and register the adoption to protect the child's interests and succession rights under the personal laws applicable to Hindus.
Rights and responsibilities
The Deed of Adoption records the following consequences from the completed adoption date:
- The adopted child has all the legal rights of a daughter in the adoptive family.
- The adopted child relinquishes rights and claims against her natural parents.
- The adoptive parents become responsible for the child's maintenance, education and upbringing.
- The natural parents have no further claim, custody responsibility or other right against the child.
- Both couples confirm that the adoption is irrevocable.
Relevance to property and succession
The Deed of Adoption may be relevant when property rights depend on family status or succession. The template expressly states that the adopted child has the legal rights of a daughter in the adoptive family and that registration is intended to safeguard her succession rights.
The parties also confirm that the adoption complies with Sections 5 and 6 of Chapter II of the Hindu Adoptions and Maintenance Act, 1956, and is valid and complete. The completed document is to be signed by both the adoptive parents and the natural parents.
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Common questions
Does the adopted daughter receive property succession rights in the adoptive family?
The Deed of Adoption states that the child has all the legal rights of a daughter in the adoptive family from the adoption date. It also says the adoption is recorded and registered to protect her succession rights.
Does the child retain claims against her natural parents after adoption?
The template states that the child relinquishes all rights and claims against her natural parents from the adoption date.
Who is responsible for the child's education and maintenance?
The adoptive parents accept responsibility for the child's maintenance, education and upbringing according to their status in life.
Can the parties revoke the adoption later?
The Deed of Adoption records both couples' confirmation that the adoption is irrevocable.
