Adoption is a legal process that establishes a relationship between a parent and a child that is recognized by the law. After an adoption takes place, the parent is legally and morally responsible for the child .After an adoption is final, the child becomes a member of the new family, and the biological parents lose all former parental rights and responsibilities.
The different thinkers have given their own definition of adoption.
- Mark Soler, Jan C. Costello & Barbara O’ Heaven have opined- “Adoption is a legal procedure which permanently terminates the legal relationship between the child and his or her biological parents and initiates a new parent-child relationship.
- Unitar Whinnie said: “It legally establishes a parent-child relationship between persons not so related. The child is absorbed in the family of the adopter and is treated as if it were their own Natural Child. By adoption, an artificial but a permanent family relationship is created between the child and the adopter.
According to. Encyclopaedia of Religion and Ethics-
“Adoption indicates the transfer of a child from old kinsmen to the new. The child ceases to be a member of the family to which he belonged by birth. The child loses all rights and is deprived of all duties with regard to his natural parents and kinsmen. In the new family, the child is like the natural born child with all the rights and liabilities of a native born member.
ILLUSTRATION
A "step-parent adoption", where the new partner of a parent legally adopts a child from the parent's previous relationship. Intra-family adoption can also occur through surrender, as a result of parental death, or when the child cannot otherwise be cared for and a family member agrees to take over.
CASE LAW – VISHWANATH RAMJI KARALE VS. RAHIBAI.
- The trial Judge awarded the plaintiff's claim, holding the adoption proved, but on appeal the decree was reversed by the District Judge of Ahmednagar on the ground that the trial Court had improperly admitted into evidence a certified copy of the adoption deed executed by Ramji, and that the adoption was not proved.
- The possession of the original document is proved to have been with Ramji and defendant No. 1 being his widow must naturally be in possession of it.
- I think the lower Court was wrong in allowing secondary evidence of the document.
- In the circumstances the view of the first Court that the copy of the adoption deed is admissible in evidence and that it is sufficiently proved appears to be correct.
- A second objection was taken to the admissibility of this document by the learned District Judge under section 63 A of the Dekkhan Agriculturists' (Relief Act.
- There can be no question that the adoption deed does not purport to create, assign, limit or extinguish any right, title or interest of the value of Rs.
- We would set aside the decree of the lower appellate Court and restore the decree of the first Court with costs throughout.
