poornima 09 December 2016

Adoption of step son by step father and name change process

Hi, Am a mother of 12 year old son, am legally divorced and remarried , now my current husband wants to adopt my child to give his name, what is the procedure, is it mandatory to take my first husband's concent in this, when am the mother of the child is alive. Do we need to change the name of kid in his caste certificate and birth certificate. & school records. As the child has the same caste certificate as mine and my current husband belongs to different caste. I belong to hyderabad ,Kindly suggest the procedure's and help me

Best Regards,

Read more at: https://www.lawyersclubindia.com/forum/Adoption-of-stepchild-with-complicated-parentage-144196.asp

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6 Replies

Kumar Doab (FIN) 09 December 2016

Are you and husband HIndu?

If yes: Go thru: Hindu Adoption and Maintenance Act of 1956.

If Muslims, Parsis, Christians or Jews :go thru: Guardian and Wards Act of 1890

Kumar Doab (FIN) 09 December 2016

Go thru:

Guidelines Governing Adoption of Children, 2015

https://cara.nic.in/InnerContent.aspx?Id=163#Guidelines - 2015

(Guest)

You will need permission. Its his child afterall!!!

poornima 09 December 2016

Yes Correct , but then the child is my kid as well . he clearly mentioned in the divorce decree saying that the whole and sole responsibility of child will be mine and no where he is responsible for it . so with regard to this is it mandatory to have his consent for my current husband's adoption process.

next as am legally married now ,my current husband will be called as a legal step father to my son am i right, so how do i do the surname change of my kid in the birth certificate or caste certificate.

Please suggest !!

Kumar Doab (FIN) 09 December 2016

https://timesofindia.indiatimes.com/city/mumbai/Hope-for-dads-in-adoption-of-stepchildren/articleshow/5692047.cms

Delhi High Court

Teesta Chattoraj vs Union Of India on 30 March, 2012

https://indiankanoon.org/doc/24842861/

Gujarat High Court

Amruta Vijay Vora vs Union Of India (Uoi) on 23 July, 2003

https://indiankanoon.org/doc/1527786/

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