URGENT!! Name change

dear samantha received ur emal if u want to avoid technical difficulty in futur adoption is good for u

u can avail both the facility in one or two day

dear samantha,

I donot blame you nor your parents for what happened.  I donot think,yours was the only such unfortunate event which occured at a very young age.

Please dont do anything like adopting your own son immediately. there must be definitely some more sensible things.

with regards to the passport part,you may sent some good friend/relative of you to a passport officer and ask his guidance without initially revealing your real name.  Meanwhile,whatever material,i get to help you out from this mess,i will try to post here.

wishing you good luck

dear samantha,

further to my reply earlier,

eventhough,your son is having two birth certificates,as far as legally speaking they are two different persons with different parents.only thing legally comon is their date of birth is common.

I suggest you  to try to take one month leave and prepare to take a maximum extension of another one month.apply for passport for your son under the "taqal" scheme for speedy issue.  The moment you get the new passport, destroy the other one.

with regarding to the process of making your son a legal one,i am not having proper knowledge.

However,i do believe there must be some legitimate way as every year such unpleasant incidence of pregnancy before marriage do happens(many people may not admit the same openely), and incase of marriage of the parents later,there must be definitely some legitimate way of accommodating their child.

Dear Mahendra Kumar :  The issue here is touching both the Central and State laws.  Things are so complicated the children will really suffer in futrure.  To my best of hope only the office of the President can undo in the best infersts of the children as there is no criminal motive behind the acts of parents or grand parents of the Chiildren, they would be forgiven.  

Adpotion and other remedies i dont think they are wise, they will only further complicate the existing problem. 

Still we wait and see if any constitutional expert would answer this querry. 

Through my another post i already invited our Sr. Members and experts to look into this issue.  Few have come, lets wait for more.  

There are to many events which has jumbled the facts and circumstances of  your case. There fore there is no need to further complicate the issue. Narrating all the facts and circumstances that has transpired, with out suppressing any facts, file civil suit for declaration of true events of the child. You can get true date of birth, name of parents and also consequential enteries in passport by seeking declaration in civil court. The burden is on you to prove the true and correct facts in court of law. you can certainly set right all the errors. The welfare of the child is of paramount consideration and defenitely court will exercise its parental jurisdiction to correct the mistakes done by parents.

Dear Mr. Manjunath : Will that not back fire parents and grandparents?  Parental Jurisdiction of civil court i never heard of.  Will you plz enlighten with more details?

If possible any case laws... on parental jurisdiction of civil courts..  Plz dont take my response as a challenge i sincerely want to enlighten myself.

my god.

to solve one problem, create another problem. again to solve one problem, create another problem

where is the end?

you can not adopt the boy jude - as he is your biological child. if you  ignoring this position try to adop the boy that will be another offence.

for adoption, you have to affidevit .

one can not adopt his/her biological child. adoption means he is biologically child of others and you agreed on it. by affidevit you are going to decleare it before the court of law. you know best that it is untrue. this false information will create a further complex.

we have a basic wrong impression & confussion that   an unmarried  couple not allowed or unable to have a birth certificate of their child. a marriage must be there. it is wrong. the hospital authority only wants the name of the biological parents. not what the relation existed between them, or whether they are married or not..

you have the first bith certificate showing the original biological parents of the child. bring the boy back at india alongwith you. might be some late.  then put a fresh application for indian passport and get it done.

ignore the second one, which has been taken under wrong impression and ignorence of law and without any criminal intention. just forget about the 2nd bc.

church did not marry you. most probably is due to lack of age limit.

again i am saying, - marriage has no relation with parentity. both are seperate issue - law is  this.

EVEN A MAIDEN HAS THE RIGHT -

TO BE A MOTHER;

ALSO HAVE A RIGHT TO GET THE BIRTH CERTIFICATE OF THE CHILD IN QUESTION;

AND ALSO HAVE THE RIGHT NOT TO DISCLOSE THE NAME OF THE BIOLOGICAL FATHER OF THE CHILD.

ALL THESE ARE FUNDAMENTAL RIGHT OF A FEMALE - UNDER ART 21 OF THE CONSTITUTION OF INDIA..

SUPREME COURT DECISSION - IN THE CASE OF NEENA GUPTA - HERONE MUMBAI.

IF ANY BODY HAS THIS JUDGEMENT PLEASE POST IT.

Dear Mr. Gupta :  You adviced for fresh application of passport but, so far what ever illegalities been done were done out of ignorance but now when applying for a fresh passport they have to consciously make an illegal statement in the column asking 'whether you have previously applied or did possess any passport or" so.    And as per law having two passports is illegal - you might destroy the one you didnt want but the records in passport office?  I dont think its proper for us, we legal professionals to advice illegal things.  Plz correct me if i am wrong.

Other than that your answer is almost nearest to the solution the information is valuable and very much useful for the situation.

I donot understand the illegality with regards to the passport application.

Here the new passport applicant is the mother of the child. She has neither applied for a passport on her son and she is not in possession of a passport of her son under the correct name.  It is true that her parents has taken a passport under differen name under different context.

How will the passport office find out there is already a passport exists,when the name of child,parent  etc are all different and the birth certificate is genuine?

Any trace of illegality in this case should be overlooked,considering the circumstancesand whoever contributing to this thread is only showing some "Humnaity".  I am 52,and if I had a daughter of age similar to Samantha,in the given circumstances,I also would have done,what their parents done.

I am happy to note from the replies of Mr.Arup that there is legitimate  and simple procedure to keep her real son ,without any adoption.

Before the family courts Act came to be enacted it was civil courts which was dealing family cases. Gaurdians and wards ACt was with the civil court  jurisdiction.

Declaration of existing facts and rights by competant court is the correct way to rectify the faults, be it intentional or inadvertance.  The basic principle is due process of law. All mistakes can be corrected through due process of law. We are society with welfare of human beings as paramount consideration.

When we undertake the route of due process of law there need not be fear of any body being hauled up.

The correct course in this matter is without suppressing any facts file suit for declaration and all that the child is entltled to legitamately will be declared . It is  a matter of declaring what exists nothing new will be created. Mistakes should not rule the rest of life of the child.