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Dr Raghu   03 August 2015

Adopting step daughter

Hi All

 

I recently re-married and my wife has a 3 1/2 years old daughter from previous marriage. I am an Indian by origin but Britisher by naturalisation since 2011. My wife will get full and sole custody and guardianship order this month as as per her divorce agreement, her ex husband has filed a petition in the court saying that he does not want guardianship and / or custody of the girl child and wants to transfer the same to the natural mother i.e my wife which is what we wanted.

 

My queries are

a. How to get Indian passport for my daughter (I will call her my daughter only) without her biological father's name please? Is there any way at all? He has not seen her since birth and we do not want her to know that there ever was any other person - I want to be her dad that's all. Is there any way to do this please? I do not want to even involve him in signing any passport applications etc as well. I know my wife can get a passport for the daughter on sole application but even there they are asking father's name and I can not put my name as she is not yet, legally, my daughter.

b. What is the process to be followed to adopt her as my daughter please? And how long will this happen? Is there a lengthy process because I am a British citizen though till 2011 I was an Indian citizen?

Any information would be of help.

Kind Regards

Dr Raghu



Learning

 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     03 August 2015

Sir,

 

I feel you don't have to adopt her, she wil automatically become your step daughter as per Indian Law right.

You want her passport to me made from India or britain only. I feel is your wife gets the court order then she can do all the formalities required herself.

 

Warm Regards

Kapil Chandna Advocate

advocate.kapilc@gmail.com

+91-9899011450


(Guest)

Enjoy fatherhood dude. Nothing to worry.  I see no case here.

prabhakar advocate (advocate)     04 August 2015

Dr. Raghu, the issue which you raised has been tormenting a lot of stepfathers and stepmothers who wish to be the natural parent of the stepchild.  There are two schools of thought about this issue.  One says that a stepfather can never be adoptive father due to the language used in HAMA (Hindu Adoption and Maintenance Act), which prohibits natural mother to become adoptive mother.  The second school of thought is that stepfather gets a court order as a guardian with the help of natural mother and on the basis of that order, gets adoptive father order under  HAMA Act.  As it baffles you, I tell you easy process:1. Youmust be a Hindu and that girlchild also must be Hindu.  2. There must be age difference of atleast 21 years between the child and you.  If you meet these requirements, then try to get the consent of biological father in writing on the adoption deed. (Adoption deed has to be prepared by competent advocate).  It bears the signature of biological father, mother giving in adoption to you and your signature in the presence of two competent witnesses.  Get this adoption deed registered before the Registrar of the District.  Then after registration, issue newspaper publication and also gazette publication changing the surname of the child to your surname, only if she is carrying the surname of the biologial father.  If you have any difficulty to get the signature of the biological father on adoption deed, then on the strength of the court order giving the biological mother the full rights as guardian can be used to get the adoption deed valid in the eyes of law.  A lot of bureaucratic innvolvement is required, as you know, there will be hurdles and they can be overcome by entertaining them with good humour.  Wish you best of luck.

Prabhakar Advocate (M)9958670740

Legal Aid panelist - family law - Central Delhi (Tis Hazari)

Dr Raghu   04 August 2015

Dear Kapil Chandna Sir, thank you for the suggestions. Yes my wife is getting the court order and she can do everything but the passport application has bilogical father's name which can not be kept vacant and I can not fill in my name unless I am her father legally.

Respected Gyan Praksh sir, thanks for the encouragement.

Dear Prabhakar sir, Thanks for the detailed answer.  Yes, this seems to be the only way now. I was hoping to have them in UK by end of August but that looks a very distant dream now. I am hoping there are people experienced in all this procedure in mahbubnagar district of telangan..that's another of my problem :) But yes, thanks again a lot for such detailed and point to point answer.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     04 August 2015

"her ex husband has filed a petition in the court saying that he does not want guardianship and / or custody of the girl child and wants to transfer the same to the natural mother i.e my wife which is what we wanted."

Actually U require an NOC from the biological father,though as per the above para, it deals only with his intentions. So officially U require the formalities to be completed from the biological father.

 

ANAMIKA VICHARE (LAWYER)     06 August 2015

In my opiniion, if the daughter /mother are residing within jurisdiction of Mumbai, then  you have to apply to City Civil Court, Mumbai to the Principal Judge by filing Adoption Petition seeking adoption decree, there is absolutely no way other thn this....there is lot of docmentation,....such as  you all thrre have to get yourself tested for HIV and there are some othertests also,  you have to file Undertaking alongwith Petition that you care of her maintenance, education, medical, etcd....Somebody on your behalf also shold file one affidavit givig your guarantee......thee are so many documents are obe fled.   You hv to a;so show your bonafides by showing Inestment in daughter;s name, Insurance policy, medical policy etc... there are many other applictions, directions given by the court such as Bombay Municipal corporation for change of name of the daaughter after Adoption.....

But pleasekeep in mind that Adoption is irrevocable, even if you again separate from your prospective, wife you caanot abandon the daughter.   Thje daughter shall inherit your property

Once you get Adoption Decree , then your daughter can get British passport n all UK facilities which are offered to the citizens

 

.If you have any further query, pl communicate by sending msg to my Facebook A/c Anamika Vichare [with New ?York city picture] on my profile...


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