Legal Question in Family Law in India


My husband and I got divorced through mutual consent in 2017.

He got remarried the same year.

We have a son who is now 11 years old.

In the divorce statement he had stated that he will not pay maintenance to the child, he will not claim visitation right and he also said that

"He assures and undertakes that he will not have any sort of claim over the child under whatever circumstances."

I've recently remarried and we wish to change the name of father in my son's record to his step-father.

My questions are :

1.Can I execute an adoption deed in favour of my son's step-father considering the above clause ?

2. In the absence of adoption of the child to the step father, in an unfortunate event of my death will the child's biological father end up having the child's custody ?

My ex-husband had never worried about the welfare of my child or mine and I do not want my child to end up with him. It will surely ruin his future.

Please advise the appropriate course of action.

Thank you in advance.

Asked on 11/28/22, 8:16 pm

1 Answer from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions

your present husband is the step father and legally he cannot adopt your son without the express consent of your ex husband.

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Answered on 11/29/22, 10:01 am

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