Legal Question in Family Law in India
Adoption of 4 year old from first marriage
Hi,
I married a divorcee having a son
from her previous marriage.
The divorce papers says-�the
husband does not have ''any
objection'' in the wife having the
son and has given a full and final
settlement for both the wife and
son and also has stated that
neither the wife nor son should
come and claim anything in the
future�.
We have been married for almost 1
1/2 year and work abroad. I want
to give my name (legal rights) and
adopt the boy who is 4 1/2 year old
now (the boy is not aware of his
biological father has he has hardly
ever seen him). Please suggest the
correct ways to do so.
This is a high priority question as
the boys passport is to expire in
few months and his Identification
Certificate(IC) in the country we
stay is linked to it. I would like to
finish the whole procedure so that
during the application of the new
passport-I can fill in my name as his
father. Currently all his documents -
birth certificate, passport,
Identification Certificate(IC), etc., all
has his biological father's name. I
Would like to change all the
documents to reflect my name on
them.
Thank you in advance.
4 Answers from Attorneys
Re: Adoption of 4 year old from first marriage
Go for a gazette notification for change of name/surname of the child with government and then with the same gazette you can change his biological father's name to your name as guardian and caretaker.
In case you wish to change your name, that also includes child's father's name you have to follow a procedure. Firstly go to govt printing press and they sell a form for change of name on paying a sum of Rs and then fill the form duly and attach all the required forms as mentioned in the form.
You need to Pay the requisite Fees in cash/Challan as per rules prescribed by the respective states.
The Press would publish the details of the change of name and post you copies of the Government Gazette or ask you to collect the same. The press would also let you know when they would publish the same.
Thereafter wherever you wish to submit your change of Name / Father's Name / Surname Proof, you can submit true copies of the relevant pages of the Gazette.
Re: Adoption of 4 year old from first marriage
Your statement is incomplete in material particulars.
Presuming that you are from India and a Hindu governed by the H.A.M.A., you may need consent of child's father for adoption.
If the facts are different or there is any other situation, you are welcome to contact me.
Re: Adoption of 4 year old from first marriage
a biological father's name cannot be changed except with written consent of the biological father. it is he who has to give up his legal rights on the child and only then u would be entitled to change the father's name of the child. you may either approach the father or file a declaration in court. even if you dont follow the procedure and opt to change the name of father of the child on your own accord, you would be doing so at your own risk and consequences.
Re: Adoption of 4 year old from first marriage
The father's consent is required during and for adoption
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