Legal Question in Family Law in India

remarraige and adoption

if a woman with a child remarries and wants to change the last name of the child to her new married name with her new husbands consent and the child opposes or is against hanging his last name will his opposition be valid? does he have a right to keep the last name of his choice or he has no say in the matter?


Asked on 5/15/07, 7:51 am

6 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: remarraige and adoption

if child is a minor then he does not have any say in teh matter but if he/she is a major then they do have a say

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Answered on 5/23/07, 9:19 am
rajeshwar sharma rajeshwarnathsharma

Re: remarraige and adoption

If the child is minor than his or her oppostion is immaterial and not valid and in case if he is major than his or her stand will prevail

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Answered on 5/15/07, 9:56 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: remarraige and adoption

On remarriage of the women, the child retains the last name of his father. Please give me complete facts to render a complete opinion, e.g. what is the position of child's father? is he alive? has he remarried? what is the custody order from court? etc. etc. Please ask a spcific question giving all posible facts and not an abstract question with selective truth.

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Answered on 5/15/07, 12:20 pm

Re: remarraige and adoption

Firstly adoption by the second husband is must for any change in name.In some case the openion of child matters but strictly speaking he does not have a say till his minority.Give respect to the child's openion.

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Answered on 5/15/07, 1:23 pm
Vishwa Arya Arya & Co.

Re: remarraige and adoption

The child will retain the last name of his biological father, unless the child is adopted by the new husband.

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Answered on 5/15/07, 1:32 pm
G. M. Gupta gmguptaandassociates

Re: remarraige and adoption

if he is a major then he will decide his name otherwise u can decide

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Answered on 5/22/07, 3:46 pm


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