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Avik Biswas (SI)     12 November 2016

Adoption of stepchild with complicated parentage

I have married an old friend (let's call her NB) who has a child from a previous live in relationship. It was an abusive relationship which she got out of to protect her child. The biological father (let's call him AB) was an alcoholic and serial abuser. He has been married to someone else and has a daughter since before living in with NB. He never sought divorce from his first wife, and never gave any recognition, legal or social to NB. 
 

NB got out of the relationship while pregnant. During her pregnancy, she found help and support from a colleague (let's call him AR), who wanted to marry her. He insisted on giving his name in the birth certificate of the child when he was born. Unfortunately, the guy turned out to be a fraud, who is married and has a son. NB was traumatised along with her ailing parents due to this betrayal. This was 15 months ago. The child is now 18 months old.

 

Now I have married NB and want to adopt the child. AB, though the biological father, is not in the birth certificate. AR, while not the biological father, is in the birth certificate. As per adoption rules in India, I would need consent from the biological father. AB has refused to sign any legal document that gives any recognition to the child, since that would land him in legal trouble with his first wife, but he continues to harrass both of us. AR has agreed to provide NOC in case of adoption. 

 

Do I need consent from both AB and AR, or just AB or just AR? 

 

EDIT: We haven't collected the corporation birth certificate yet. Just the hospital release document is there which shows AR as the father. There's no proof, legal or otherwise that AB was in a relationship with my wife. Unless he compels DNA test, which would land him in adultery case with his first wife, there's no way for him to come into the child's life, but I am just covering all my bases, since I don't want the child to face any negativity growing up.



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 10 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     12 November 2016

As per HAMA consent is required by Father, now on record Father is AR, so consent should be taken from AR.

 

Regards,

Zoheb khatri

Ms.Usha Kapoor (CEO)     12 November 2016

It's better you take permission from bothAB andAR as AR is in School records etc as the father. Why?; a s a single woman also you can adopt. If you are a widow, divorcee, Unmarried etc. If you are  a Hinsdu and the adoptee also a Hindu your adoption should proceed as per Hindu  Adoption and Maintainance Act.If you appreciate this answer please convey my forum thnaks by clicking the thanks button.

P. Venu (Advocate)     12 November 2016

First of all, let ne congratulate you for the compassion towards your friend.

From the facts stated, your wife was not married to either NB or AR. As the single mother when the child was born, there is no legal requirement of obtaining NOC from  the biological father. AR is a mere stranger to the matter.

Avik Biswas (SI)     12 November 2016

Originally posted by : Ms.Usha Kapoor
It's better you take permission from bothAB andAR as AR is in School records etc as the father. Why?; a s a single woman also you can adopt. If you are a widow, divorcee, Unmarried etc. If you are  a Hinsdu and the adoptee also a Hindu your adoption should proceed as per Hindu  Adoption and Maintainance Act.If you appreciate this answer please convey my forum thnaks by clicking the thanks button.

Thank you for your quick reply.  As I mentioned, AB won't give consent, and he has no legal proof of a relationship to NB. Unless a DNA test is forced, there's no way to prove that the child is his. Since the admission of the child's fatherhood would land him in trouble with his first wife, he would not acknowledge the child, and giving consent is an acknowledgement. 

 

Yes, NB and I are both hindu. We were married under the SMA though, not the HMA. There's no school records yet since the child hasn't been admitted to school yet. We want to start schooling after the adoption goes through so as to have all documents have my name as the child's father.

Avik Biswas (SI)     12 November 2016

Originally posted by : P. Venu
First of all, let ne congratulate you for the compassion towards your friend.

From the facts stated, your wife was not married to either NB or AR. As the single mother when the child was born, there is no legal requirement of obtaining NOC from  the biological father. AR is a mere stranger to the matter.

Thank you so much for your quick reply. It's true that my wife NB was not legally married to either AB or AR. There's no proof, legal or otherwise that AB is the biological father, unless a DNA test is compelled by AB. AB won't acknowledge the child as his because that would land him in adultery case with his first wife. AR is a mere stranger, but in the hospital records of the birth of the child, AR is mentioned as the father. We haven't collected the official birth certificate yet, but that takes data from the hospital's records, so when we collect it, it will have AR's name as the father.

 

There's no question of compassion here. I understand that is the social viewpoint, but I married NB because I have loved her for the last 10 years, and because her child has accepted me. At this point, I don't want any negativity from NB's past to shroud the child's future life. This is why I am trying to adopt the child before his schooling starts. School would need birth certificate, which would have AR's name as father. I want to be named as his father in all his future documentation. AR has agreed to provide NOC. My question is if this would be enough for adoption.

 

A different question if I may ask here - since we haven't collected the corporation birth certificate yet, is there a way for me to be named as the father in the birth certificate itself, even though hospital records indicate otherwise?

 

Again, thank you for your response.

Avik Biswas (SI)     12 November 2016

Originally posted by : Zoheb Khatri
As per HAMA consent is required by Father, now on record Father is AR, so consent should be taken from AR.

 

Regards,

Zoheb khatri

Thank you for your quick response. We were married under SMA, not HMA. Would HAMA still be applicable in that case? 

 

A different question if I may ask here - since we haven't collected the corporation birth certificate yet, is there a way for me to be named as the father in the birth certificate itself, even though hospital records indicate otherwise?

poornima   07 December 2016

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 csate 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,

P. Venu (Advocate)     07 December 2016

Kindly post the matter in a fresh thread.

Kumar Doab (FIN)     09 December 2016

The query of querist @Poornima is posted at:

 

https://www.lawyersclubindia.com/forum/Adoption-of-step-son-by-step-father-and-name-change-process-145013.asp

Kumar Doab (FIN)     09 December 2016

Pursue; Hindu Adoption and Maintenance Act of 1956.


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