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• Adoption of child under Juvenile Justice Act 2015:

1. First obtain Adoption order issued by the District Magistrate.

2. The birth certificate will be issued within 5 working days on the receipt of application by registration authorities in the state, from the specialized adoption agency or adoptive parents after the receipt of order issued by the District Magistrate Court.

• Adoption of child under Hindu Adoption and Maintenance Act 1956:

1. Adoption is valid based on registered adoption deed executed and registered by both the parties’ i.e. biological parents and adoptive parents.

2. The birth certificate will be issued on the receipt of application by registration authorities in the state to issue birth certificate from adoptive parents after the receipt of registered adoption deed.

3. Exception: In case of adopted child is more than one year old and his /her birth is not found registered earlier, then as per prescribed procedure of section 13(3) of the Registration of Birth and Death Act, 1969 (amended in 2023), an order of District Magistrate or Sub-Divisional Magistrate or by an Executive magistrate authorised by the District Magistrate should also be obtained before filing an application to registration authorities in the state to issue birth certificate.

• Ref: Circular bearing No. 2037376/2023/CARA dated 03-11-2023 issued by Ministry of Home Affairs, Govt. Of India.

Authored by:

Adv. Shirin Yusuf

FOR MENTO ASSOCIATES

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