Reasons For A Motion To Dismiss
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FAQ
Therefore, the only way a birth parent could reclaim custody of an adopted child is by proving to a court that the decision to sign the relinquishment document was done under fraud or duress. In most cases a court will automatically deny custody to a birth parent when their parental rights have been terminated.
1. If the child has been adopted, that means that the original parent(s) no longer have parental rights. That means that in the eyes of the law, the biological parents have no more right to the child than a stranger would.
Observing that a biological mother has "the right to have custody of her child" and that "giving and taking of the child in adoption is not proved", a Mumbai court ordered an adopting couple to return the child to its biological parents.
Answer: Adopted children are treated the same as biological children for purposes of the inheritance laws. Under these laws, any child -- adopted or biological -- may be disinherited as long as it's clear in the disinheriting parent's will that such is his or her intent.
Petition for Adoption by Stepparent: The stepparent who is planning to adopt the minor child must file this form with the Probate Division. There is a filing fee. The spouse of the petitioner (usually this is the biological parent of the child) must also sign the petition before it is filed.
If the adoption has been done by complying to all legal requirements, then the adoption cannot be cancelled. Valid adoption in India cannot be cancelled under any circumstances.
If they have been unable to establish a positive relationship with the child, they can ask the court to reverse it. Or, if something happens to the adoptive parents and they're not able to take care of the child, they can file a petition as well.
An adult adoption requires only two forms. These forms are at the bottom of this page and are also available from the probate division during business hours. Both the adopting parent and the adoptee must complete the Adult Adoption Petition.