Procedure of adoption deed

1.    Your biological father basically need to get one Registered Deed made and Executed at Sub-Registrars Office of your adoption soon after biological father – biological mother’s divorce with your step mother  at the time of his re-marriage.

2.    It should have been shown that your biological father after marriage has given on adoption to your stepmother “after seeking consent of your biological mother” you as her foster child and henceforth you will be known as adopted by stepmother with biological father’s given name and care for all practical purposes before any/all Authorities.

3.    But if you are over 15 years old then same cannot be made at such belated stage unless custom and usage are shown is my view. Seems to me reading 1989 in your brief you are borderline case yet I need clarification of your exact age as of date to be more firm on this para views reference to your query.

4.    As per rules of Ministry of External Affairs Circular No.VI/401/01/05/2008 dated 05.10.2009 serial No.4 (2) "In the event of remarriage after divorce, the name of step-father/step mother cannot be written in the passport of children from the previous marriage. The relationship of the child to his biological parents subsists, even after divorce by parents. It is also not possible to leave the column of father or mother blank in the passport in such cases. Therefore, such applicants must write the names of their biological parents in the application form. However, if the stepfather or stepmother is appointed by a Court as legal guardian, the name of such step-parent can be written as legal guardian".

5.    Only grounds on which the passport can be refused by the RPO are contained in S. 6 of the Passports Act, 1967. S. 9 of HAMA provides that the biological mother of a child has the capacity to give the child in adoption. Consent has to be taken from biological father/mother as the case in generic is made out to be for adoption OR ‘renouncing the world’ should be shown in cases where consent during or after divorce is not possible due to no know whereabouts of other divorced biological parent is my view.

6.    Passport Office is doing enquiry and it is within their right to do such enquiry and reject an Passport Application and such rejection does not come under Art. 14 and or Art. 21 COI. A passport is not only a travel document, but is also an identity document. The identity of a person is determined inter alia by his/her parentage. Therefore unless there is a legal adoption of the queriest  he/she is bound to give the name of his/her natural parents and cannot choose to provide the name of the adopted parent(s) in his/her application form which is crux of objection I see as emerging.

Suggested to talk to your biological father and request him to hire services of mature junior Level Advocate found via reference to prepare Adoption Deed documents and seek biological mother's consent and Execute the Deed in Registrars Office then annex true copy of the same with Passport Form and that is how your Passport now will get issued with right set of annexure which is what your facts leads at the end to are some of my legal views for the purpose of this query. 

Thanks for writing in..
Its been approximately 12 years to the divorce now and for us its impracticle to trace my biological mother, therefore her consent can't be taken. I'm 21 years old. We approached three lawyers but none of them were able to guide us properly and it seemed they're just after to make some quick bucks as everyone asked us for different fees for the same work.

That is why I came to this forum to get the exact information regarding the same. 
Now what should be my next step..

thanks in advance.. 

1. Since you are 21 years old making Adoption Deed is out of question as per Law unless some custom and usage shown which I doubt forthcoming.

2. Your Passport will carry names of both biological parents as in Original Birth Certificate mentioned / stated which is what you need to annex with Passport Form. It is obvious (remain) the Xth. Class certificate will remain with name of stepmom as different for all future purposes unless changed submitting an Affidavit with reason thereof to concerned Board (Authorities). The next step is to fill up the Passport Form and in Passport Form declare correctly biological mother name and step mother name as/and where asked and also declare correctly re-marriage of biological father not yet Registered under declaration Statement. These are correct information’s’ and based on such enquiry is done by RPO as per Law and may get issued Passport with biological mother and biological father name.  Your father should have acted as per Law before you were 15 years old and or got his re-marriage Registered in accordance with Law.

3. If with above correct advice RPO comes with some Objection letter paras then reproduce exact wordings of the same here or via PM and based on their Objections wordings I may suggest how to approach HC under Art. 226 to issue Writ of Certiorari quashing RPO Objection letter if substance found / there.

Above paras are the only remedy available currently as per stated brief which is my view.

I read again your 2nd reply point.4, there in you mentioned "However, if the stepfather or stepmother is appointed by a Court as legal guardian, the name of such step-parent can be written as legal guardian".

What is meant by legal guardian here?

Secondly in reply 2 pt.2 you are telling to fill the passport form with my biological mother's name and declare correctly that my father's remarriage is not legally registered, but this is not case .. his marriage is legally registered in accordance with the law and we have the remarriage certifiacte and divorce decree. 

Fianlly make it clear that now is it possible to make an adoption deed if my biological mother's consent can't be taken and my age is 21yrs old. 

1. Para 4 means legal adoption via Court process of you by your step mom with consent of your biological mother provided you were adopted by 15 years age which is Law of adoption.

2. I am sorry to admit, I read correctly your first query but wrote wrongly and in all my sincerity I assure such error apparent in replies shall not be repeated; it should be now read as “biological mother name should be mentioned in Passport Form along with annexing Divorce Decree and Marriage Certificate as well as Xth. Class Certificate and your Birth Certificate.”

3. If you inform us that you are currently 21 years old then in that case your adoption is not possible as per Law. People who promise you to get you adoption deed is a white lie and it is not legal tenable document at all at this major age possible.

{Out of curiosity may I ask your exact age when your parents divorce decree announced?. Check with your father exact mm / dd / yyyy of his divorce decree and your exact age on that date in years. I think there may be a way out, let me apply my Writ before State's HC mind into it once I know above asked info's reply. You may refuse to reply if it is personal info and I can understand as this is a open public forum.}

[hence may be last reply]

Thanks again for writing in.

I got the point. Now in the online registeration form i've mentioned my step mom's name which have to be altered at PSK office only if they'll agree to what you have said. I'm hereby giving you the exact date of divorce and my age as on that date.
But what if the passport officers still questions me on this that you have to bring an adoption deed as was done on my previous appointment. Should i take a print out your replies and show it to them?

Date of Divorce : 10/10/2003
My age : 11 years

Uff oh.

1. Author the RPO will not issue passport without adoption deed for a reaosn adoption in instance case was possible till 15 years and the wordings of Law I gave in para 4 which is what RPO sends as reply – objections if asked as their primary objections in reference case.

2. Now wait sicne you have already applied if your application passes through with step mom name then well and good otherwise all my previous replies still are valid in reference to context.

3. Printout of my replies can be shown and they may laugh as that is the law they also know well as that is what they show to Justc at Delhi HC when Writ is filled against such cases to quash their Objection Letter and HC sounds helpless after defining Article of Constitution to Passport Act to Adoption Act blah blah.

i again went to passport office with a fresh appointment. This time i cleared all verifiaction rounds except the last one. i've paid the fees yet they have put my application on hold and have sent my case to their head office for legal expert consent on this. this time i explained everything to them that adoption deed cannot be formed as is the case with me .. now they've come up with a new Custody deed that i've to submit to them. What is this custody thing? It has to be from my mother's side but again wont it asks my biological mother's consent??

whats your say in this??

1.    What Law says I have already explained to you in reference to Passport of major child after divorce and re-marriage of either custodial parent.

2.    Custody Deed and Adoption Deed are one and same.

3.    Consent of biological mother is still required but after 15 years child cannot be adopted via Adoption – Custody Deed which is Law unless customs and usage shown in your caste by a certificate from head or via written texts of such customs.

4.    You have the custody deed – fill up and submit if you get Passport well and good if not Law I already explained in simple wordings and if then still not satisfied then you may try filing Writ in State’s HC. [BTW which city you ordinary reside?]

A PIL is pending (liberty to approach after last decided diection of Hon'ble Lordships is what I mean here) since last 1 year in Hon’ble Apex Court to seek issue of Birth Certificate for child of rape victim(s) and/or for orphans r/w State not to throw out orphans once they reach 18 years age from orphanage where they stayed all previous years.

You can do one thing if you are keen on getting passport without hassles. 

Get your birth certificate modified and get your mother name changed to that of second mother. and process your passport application.