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Anonymous11 (Architect)     09 February 2012

Adoption of kids after re-marriage

Dear Friends,

I need your sincere advice to clarify some of my doubts. I am a widoer with 2 kids (less than 6 years), after walking in a dark tunnel for about 2 years I decided to get on with the life again, I am going to re-marry soon.

The girl with whom I am marring is un-married. SO no concern from her side. my question is: after marriage, does she need to adopt my kids legally or I can get the mother's name changed in my kids passport/certificates with my marriage certificate.

DO I also need to change the name in birth certificate of my kids ?

Most of the time I leave abroad and she will have to travel with kids but as her name is not reflected in their passport (still it's my wife's name) , she might be stopped at airport

Kindly advice

Regards

Rajesh



Learning

 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 February 2012

She cannot adopt the kids, she'll always be a step mother in the eyes of law to the children - with no inheritance ties between them. This is unjust but that's how the law stands. However for practical convinience you can write to the authorities for change of name

Tajobsindia (Senior Partner )     09 February 2012

@ Ld. brother Bharat,


1. A step-mother can claim maint.
Re.: Kirthikant D. Vadodaria Vs. State of Gujarat and anr. 1996 (4) SCC 479


2. Adoptive mother can claim maint.
Re.: Baban Alias Madhav Dagadu Dange Vs Parvatibhai Dagadu Dange
1978 CriLJ 1436


3. I partly agree to your advise and needs discussion from your side as I think a step-mother is not entitled to get property of her son or her daughter; however she can be an heir as father’s widow under Entry VI of Class II. However property earned by a woman exclusively is Stridhan and Will devolve upon her heirs. In other words where property was inherited by a lady from her parent(s), it shall not pass to her husband or to her husband’s heir where she dies without children or children of predeceased children. Any property possessed by a female Hindu shall be held by her as full owner thereof and not as a limited owner (S. 14). Illegitimate daughter cannot claim heirship as per S. 15 of the Act. Further ‘step son’ and ‘step daughter’ are not included in the term ‘son’ or ‘daughter’ in S. 15 (1) and accordingly are not entitled to share in property.


By the 2005 Amendment Act, four categories of heirs which were hitherto placed in Class II were elevated to Class I heirs namely (i) Daughter’s son’s son, (ii) Daughter’s daughter’s daughter; (iii) Daughter’s son’s daughter; and (iv) Son’s daughter’s daughter. While adding these categories to Class I, the corresponding entries in Class II were not deleted. Thus there is overlapping between Class I and Class II schedule.


The Law Commission of India in its 204th Report on the Hindu Succession Act, 1956 has suggested to the Government that that father should be placed along with mother in Class I and both together should take one share. The Commission has also suggested revision of Class I heirs as in the opinion of the Commission, Class I heirs list in the Schedule is complex and cumbersome and is not amenable to easy understanding.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 February 2012

Thanks for enhancing my knowledge - i'd definately go through the list. The right to a childless step mother is always there.....adoptive mother is on the same footing as natural mother. 

Chaitanya_Lawyer_Mumbai (Lawyer)     09 February 2012

She can adopt your children.

You cannot change the name of a person's mother in birth certificate or passport.

Being a step-mother,she should not be stopped at the airport.

Anonymous11 (Architect)     10 February 2012

Thanks to everyone for the prompt response;however it's still not clear for the adoption part. Mr. Baharat said, it's not possible wherein as per Chaitanya it is. can i have some more insight please

 

best Regards

Rajat (Advocate)     19 February 2012

As he law stands your second wife would be considered to be a Step -Mother to your children. You have two course open to you. Either you can get the Passport amended including the name of your second wife as step-mother to your children

                                                         OR

The other course open is that your second wife would need to adopt the children and then she would be considered to be the Natural Mother to the children and for practical convenience you can get the name changed in the passport as far as the name of mother is concerned.

Act whichever way you feel convenient but still in your own interest ADVISED TO CONSULT EXPERT ON MATRIMONIAL LEGAL CONSULTANCY AS WELL AS THE PASSPORT OFFICE WITH REGARD TO THE MATTER BEFORE YOU ACTUALLY ACT.  


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