In our last article, you must have read about the whos, whoms and hows of adoption. In this article, we will cover the effects of adoption.
After adopting a child, the rights and obligations of the child and that of the adoptive parents (the one who adopts the child) change. It is, therefore, important to know how adoption effects rights and obligations. The following are some of the effects of adoption:
- Ties in the birth family
From the date of the adoption, an adopted child is deemed to be the child of the adoptive parents and his ties from his/her birth family are severed except for the following –
The adopted child cannot marry any person in his/her birth family, whom he/she could not have married had he/she not been adopted.
2. Property rights
- If any property vests in the adopted child in his/her birth family, he/she has the right to that property along with the obligations if any, such as maintenance of relatives in the birth family out of that property etc.
- The adopted child cannot divest any person of his/her property rights that vested in that person before the adoption.
- On the other hand, an adoptive father or mother can divest their property when they are alive by giving gifts etc. or by will after their death. Adoption does not deter the adoptive parents from transferring their properties.
- Status of spouse of the adoptive parent
As stated in our last article – “Adoption laws – who, whom and how?”, a male, unmarried female, married female can adopt a child. Let us now examine the status or the relationship that such adopted child has with the pose of the adoptive parent.
- When a male who has a wife living, adopts a child, she shall be deemed to be the adoptive mother.
- When a male who has more than one wives, adopts a child with consent of all the wives, the senior most wife shall be deemed to be the adoptive mother and rest all wives shall be deemed to be stepmothers of the adopted child.
- When a bachelor or widower adopts a child, any wife whom he subsequently marries shall be deemed to be the stepmother of the adopted child.
- When an unmarried woman or a widow adopts a child, any husband whom she subsequently marries shall be deemed to be the stepfather of the adopted child.
Payments in consideration of adoption
The birth parents cannot receive or agree to receive and the adoptive parents cannot give or promise to give any money in consideration of adoption. If the birth parent or the adoptive parent indulge in any such act, it is punishable with imprisonment which may extend to six months, or with fine, or with both.
Cancellation of adoption
An adoption cannot be cancelled, if valid. We have discussed the criteria for a valid adoption, in detail in our last post – “Adoption laws – who, whom and how?”. If all the four criterias mentioned in our last post are fulfilled, it is a valid adoption.
A valid adoption cannot be cancelled by the adoptive father or mother or any other person and the child adopted cannot return to the family of his birth.
Presumption as to registered documents
If adoption papers/documents are registered and duly signed by the birth parent and the adoptive parent, it is assumed that adoption has been done as per law, unless the contrary is proved.
Note: This Article provides an outline of the law. If you have specific queries or questions, please feel free to DM on instagram or email on email@example.com