Generally, no — your new spouse cannot adopt your child in Delhi without the biological parent's consent, since adoption law in India, whether under the Hindu Adoptions and Maintenance Act, 1956 or the Juvenile Justice Act framework governing secular adoptions, requires the consent of the living biological parent before a child can be legally adopted by a stepparent, reflecting the fundamental legal recognition of a biological parent's ongoing rights and responsibilities toward their child.

The consent requirement exists specifically to protect the biological parent's fundamental parental rights, and adoption proceedings that proceed without this consent, where the biological parent is alive, aware, and has not legally relinquished their parental rights, would generally be considered legally invalid and subject to challenge. This means step-parent adoption in Delhi genuinely requires cooperative engagement with the biological parent rather than being achievable through unilateral action by the custodial parent and new spouse alone.

There are limited exceptions where consent may not be strictly required — for instance, if the biological parent has been declared unfit through a formal legal process, has abandoned the child for a substantial period with no contact or support, or their parental rights have been formally terminated through appropriate legal proceedings, adoption might proceed without their active consent, though this requires specific court findings rather than simply proceeding informally. These exceptions are narrowly construed and require clear judicial determination.

If you are the custodial parent hoping for your new spouse to adopt your child, and the biological parent is uncooperative or unreachable, it is important to consult experienced family law counsel to understand the specific requirements and potential exceptions applicable to your situation in Delhi. The team at Aapka Legal Advice can help you navigate the step-parent adoption process and address any consent-related complications you may be facing.

Given the significant legal and emotional stakes involved in step-parent adoption, obtaining a second opinion from a retired judge on your specific situation, particularly regarding any potential exceptions to the consent requirement, can provide valuable clarity before proceeding. Delhi's experienced family law advocates and retired judges, listed at Aapka Legal Advice's Delhi divorce lawyer directory, regularly assist with these sensitive adoption matters.

In conclusion, your new spouse generally cannot adopt your child in Delhi without the biological parent's consent, except in narrow, legally established exceptions, making cooperative engagement or proper legal proceedings essential to a valid step-parent adoption.