Can my second husband adopt my son from my first marriage


1. Your spouse can adopt your son from frost marriage legally.It will solve any dispute in all the future practical purposes .Though after remarriage each spouse accepts other spouse children, an adoption deed is necessary to make it legal for the step father to become adoptive father.
2. you should Register an adoption deed in your sub registrar office ..The deed can be drafted by an advocate so that the necessary precautions can be taken while drafting to make it a legally binding document which will specify all the future right to the adopted son.
3. Your ex- spouse if alive has to give NOC/consent for this adoption. if he is not alive you can show this / death certificate and you are the natural guardian who can consent the child in adoption. The adoption is also reason that your marriage with the adoptive father and the child has already been introduced to the family and the adoptive father is legally a step father too.So no further clarification is needed for the adoption.
4. in this adoption you do not nee any decree from the court, just make adoption deed attach address and id proof of adoptive parent, consenting parent, child,NOC from the biological father/ death certificate if any involves and register it.
5. If the biological father is alive and does not give consent , a court permission is needed for the mother if the permanent custody has been given to her in a divorce.

Reference: ection 2 in The Juvenile Justice (Care and Protection of Children) Act, 2000
2. Definitions.ÑIn this Act, unless the context otherwise requires,Ñ
(a) Òadvisory boardÓ means a Central or a State advisory board or a district and city level advisory board, as the case may be, constituted under section 62; 1[(aa) ÒadoptionÓ means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship;]
(b) ÒbeggingÓ meansÑ
(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, whether under any pretence;
(ii) exposing or exhibiting with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
(c) ÒBoardÓ means a Juvenile Justice Board constituted under section 4;
(d) Òchild in need of care and protectionÓ means a childÑ
(i) who is found without any home or settled place or abode and without any ostensible means of subsistence, 1[(ia) who is found begging, or who is either a street child or a working child,]
(ii) who resides with a person (whether a guardian of the child or not) and such personÑ
(a) has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out, or
(b) has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person,
(iii) who is mentally or physically challenged or ill children or children suffering from terminal diseases or incurable diseases having no one to support or look after,
(iv) who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over the child,
(v) who does not have parent and no one is willing to take care of or whose parents have abandoned 1[or surrendered] him or who is missing and run away child and whose parents cannot be found after reasonable injury,
(vi) who is being or is likely to be grossly abused, tortured or exploited for the purpose of sexual abuse or illegal acts,
(vii) who is found vulnerable and is likely to be inducted into drug abuse or trafficking,
(viii) who is being or is likely to be abused for unconscionable gains,
(ix) who is victim of any armed conflict, civil commotion or natural calamity;
(e) ÒchildrenÕs homeÓ means an institution established by a State Government or by voluntary organisation and certified by that Government under section 34;
(f) ÒCommitteeÓ means a Child Welfare Committee constituted under section 29;
(g) Òcompetent authorityÓ means in relation to children in need of care and protection a Committee and in relation to juveniles in conflict with law a Board;
(h) Òfit institutionÓ means a governmental or a registered non-governmental organisation or a voluntary organisation prepared to own the responsibility of a child and such organisation is found fit by the 2[State Government on the recommendation of the competent authority;]
(i) Òfit personÓ means a person, being a social worker or any other person, who is prepared to own the responsibility of a child and is found fit by the competent authority to receive and take care of the child;
(j) ÒguardianÓ, in relation to a child, means his natural guardian or any other person having the actual charge or control over the child and recognised by the competent authority as a guardian in course of proceedings before that authority;
(k) ÒjuvenileÓ or ÒchildÓ means a person who has not completed eighteenth year of age; 3[(l) Òjuvenile in conflict with lawÓ means a juvenile who is alleged to have committed an offence and has not completed eighteenth year of age as on the date of commission of such offence;] 4[***]
(n) Ònarcotic drugÓ and Òpsychotropic substanceÓ shall have the meanings respectively assigned to them in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(o) Òobservation homeÓ means a home established by a State Government or by a voluntary organisation and certified by that State Government under section 8 as an observation home for the juvenile in conflict with law;
(p) ÒoffenceÓ means an offence punishable under any law for the time being in force;
(q) Òplace of safetyÓ means any place or institution (not being a police lock-up or jail), the person incharge of which is willing temporarily to receive and take care of the juvenile and which, in the opinion of the competent authority, may be a place of safety for the juvenile;
(r) ÒprescribedÓ means prescribed by rules made under this Act;
(s) Òprobation officerÓ means an officer appointed by the State Government as a probation officer under the Probation of Offenders Act, 1958 (20 of 1958);
(t) Òpublic placeÓ shall have the meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956 (104 of 1956);
(u) Òshelter homeÓ means a home or a drop-in-centre set up under section 37;
(v) Òspecial homeÓ means an institution established by a State Government or by a voluntary organisation and certified by that Government under section 9;
(w) Òspecial juvenile police unitÓ means a unit of the police force of a State designated for handling of juveniles or children under section 63;
(x) ÒState GovernmentÓ, in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution;
(y) all words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1973 (2 of 1974), shall have the meanings respectively assigned to them in that Code



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