Legal Question in Family Law in India

Child - Father's Name issue

I've a male child who is 11 yrs. old from my previous husband, I remarried when he is 5 yrs old, so the child knows only the current husband as his father.I'm a born Hindu and married to a HIndu guy. I got divorcee and remarried againg to a Christain ( me & my son got Baptised) in the Baptisim certificate It's been mentioned as current husband as my child's father's name. Pls advice me in future will the child face any legal issues when he goes for abroad for studies or on a business ?

Note: Previous husband is no more - he's expired in cancer.


Asked on 5/16/07, 6:26 am

5 Answers from Attorneys

rajeshwar sharma rajeshwarnathsharma

Re: Child - Father's Name issue

No, but however it is better for you to take in writing from your present husband regarding adopting your child from your previous husband by following the provions of adoption Act or fling petition seeking permission from the Distict Judge is this redard.

You may give information in this regard to general public though newspaper.

For further qurey you may contect me or any lawyer

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Answered on 5/16/07, 9:10 am

Re: Child - Father's Name issue

Merely mentioning of your husband as father of your child from previous marriage does not mean that your present husband becomes the father of your child. Ask your husband to adopt the child as per law.

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Answered on 5/16/07, 12:32 pm
Vishwa Arya Arya & Co.

Re: Child - Father's Name issue

yes, merely baptism does not make the current husband as the father of the child unless adoption takes place which he may still do under Hindu law

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Answered on 5/16/07, 2:17 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child - Father's Name issue

Dear Madam

your question is confined to possible problems your child may face "when he goes abroad for studies or on a business"; well he will not face any of the problems you have mentioned;

Baptisation and/or adopting a surname is different than inheriting someone.

As on date, your child is the legal heir of your ex-husband who was a Hindu; legally, your child is entitled to inherit his property, if he has left any.

Please let me if you are wanting your child to have legal rights of inheritance qua your present husband's property, if any.

Sudershan Goel, Advocate.

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Answered on 5/16/07, 2:40 pm
G. M. Gupta gmguptaandassociates

Re: Child - Father's Name issue

already adviced

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Answered on 5/27/07, 2:23 pm


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