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Adoption from India(family member)

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dpatel65
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Posts: 5
Joined: Mon Dec 10, 2018 3:22 pm
India

Adoption from India(family member)

Post by dpatel65 » Sat Jul 03, 2021 2:01 pm

Hi experts

I am posting this query in order to help my parents back in India.

Case/situation

My brother & his wife have 2.5 year daughter and lived with my parents in India. Since February 2021 my Brother & his wife got separated ( not divorced yet ) both just left the home separately by leaving the 2.5 daughter with my parents without saying anything. Since then none of them have contacted to my parents to ask about their daughter or talked what they are going to do with her and when my parents approached both of them separately no one of them answers or wants the child.

My parents are taking care of 2.5 year child since February 2021 but they are growing older everyday and not in position to take care of her everyday to day routine once she grows up.

In this situation me and my husband are well settled here and holding British passport so thinking to adopt her legally. I have not seen any such cases previously but here is my situation.

Is there any chance we could bring my Niece by legally adopting her from India to here ? Please advise with any starting point either from here or from where to start with ..

Many thanks
Drashti

secret.simon
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Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: Adoption from India(family member)

Post by secret.simon » Sat Jul 03, 2021 2:23 pm

Start by reading the Gov.UK article on overseas adoption.

Keep in mind that this may apply even if you do the adoption abroad.
You must follow the adoption laws of the country you’re in if you’re normally resident in that country and want to adopt.

You must follow UK adoption law if you’re normally resident in the UK, the Isle of Man or the Channel Islands. This is sometimes called ‘habitual residence’ and can apply even if you’re living abroad at the time of the adoption.
Be aware that the UK looks askance at adoption within families or "gifting" children to other family members and that such an application may be scrutinised and may take longer.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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