Answer By law4u team
In many societies, children are often raised by relatives or well-wishers through informal adoptions—arrangements made without legal formalities or court recognition. While these setups may be emotionally and socially acceptable, they pose legal challenges regarding maintenance. Without formal adoption, the adoptive parent may not automatically have a legal duty to pay maintenance. However, courts may impose obligations based on the welfare of the child and the nature of the relationship.
Is Maintenance For Children Applicable In Informal Adoptions?
What Is Informal Adoption?
Informal adoption refers to caregiving arrangements where a child is raised by someone other than their biological parents without going through legal adoption processes as prescribed by law (e.g., under the Hindu Adoption and Maintenance Act, 1956, or Juvenile Justice Act, 2015 in India).
Legal Standing of Informal Adoption
Informal adoptions are not legally binding, meaning the adoptive parent does not automatically acquire the legal status of a parent.
There is no automatic legal obligation to provide maintenance unless the arrangement is formalized or accepted by the court in special circumstances.
Maintenance Obligation Under Special Circumstances
A court may direct maintenance to be paid if:
The caretaker has assumed full responsibility and acted as a parent for an extended period.
The child is entirely dependent and has no other support.
The child’s welfare is at risk without financial assistance.
Biological Parents’ Responsibility
Unless legal adoption is completed, the biological parents remain legally responsible for the child’s maintenance, even if the child is living with others.
Role of Guardianship
If the informal adoptive parent is appointed as a legal guardian under the Guardians and Wards Act, 1890, the court may assign financial responsibilities for the child's care and maintenance.
Common Challenges
Caregivers may be emotionally involved but not legally recognized.
Disputes over who holds actual financial responsibility.
Children may suffer from lack of support due to unclear legal status.
Legal Protections and Consumer Actions
File for guardianship through court to obtain legal recognition and rights.
Approach Child Welfare Committees (CWCs) for interim protection and financial help.
File maintenance petitions against biological parents, if known and capable.
Seek formal adoption through proper legal channels to secure long-term rights.
Guardian/Parent Safety Tips
Avoid relying solely on verbal or social adoption—complete legal procedures.
Keep written evidence of the caregiving relationship (school forms, medical records).
Consult a family lawyer to understand long-term responsibilities.
Apply for foster care registration if legal adoption is not possible.
Example
Suppose a maternal uncle is raising his niece after her parents abandoned her, but no formal adoption has taken place. Later, he is unable to afford her school and medical expenses and seeks maintenance from the government or courts.
Steps to take:
File a guardianship petition in court to get legal recognition of caregiving.
Approach the Child Welfare Committee for interim financial aid or foster care support.
File a maintenance claim against biological parents, if their whereabouts and income are known.
Submit documents showing he has acted as a parent (school forms, bills, etc.).
Request the court to direct necessary financial support based on the child’s best interest.
Consider formal adoption if long-term care is intended.
