Because my father’s younger brother (my uncle) was childless, my parents put me up for adoption when I was fourteen years old. At the age of twenty-five, I am now the only owner of my uncle’s property, which is just 14 acres in size compared to my father’s 32 acres and my brother’s entire estate. What is the procedure for cancelling an adoption deed if I wish to return to my biological parents and battle my brother for an equal portion of the property?
Response
How can I have my adoption deed in India cancelled?
A lawful Adoption cannot be rescinded under section 15 of the Hindu Adoptions and Maintenance Act. The adopted youngster is unable to reject his adoption status and return to his birth family. He becomes a permanent member of the adopted family.
When is it possible to cancel an adoption?
(a) Is it possible to cancel a valid adoption? According to Section 15 of the Hindu Adoptions and Maintenance Act, neither the adoptive father or mother, nor the adopted kid, may cancel a properly completed adoption, nor can the adopted child renounce his or her status as such by returning to the household of his or her birth parents.
In India, can an adoption be revoked?
Adoption is the process of establishing a new, long-term bond between an adopted parent and a kid. Once this occurs, there is no legal distinction between an adopted kid and a child born into a family. Adoption, once legitimately completed, is irreversible.
Is it possible to cancel an adoption?
A petition to reverse an adoption can be filed by the birth parents, adoptive parents, or the adopted kid. The birth parents might submit a petition to have their parental rights restored. However, this is the most difficult sort of adoption reversal, and in some jurisdictions, it may be impossible.
You might be able to persuade your parents to submit a petition to reclaim their parental rights over you, but this is the most difficult sort of adoption reversal, and it may be impossible in some jurisdictions since a lawful adoption cannot be revoked.
Reference: Hindu Adoptions and Maintenance Act,1956:
Section 15 – 202100523-20210024-5587
LAW3543
LAWAYZ-2023-04
