Adopting step daughter

Sir,

I feel you don't have to adopt her, she wil automatically become your step daughter as per Indian Law right.

You want her passport to me made from India or britain only. I feel is your wife gets the court order then she can do all the formalities required herself.

Warm Regards

Kapil Chandna Advocate

advocate.kapilc@gmail.com

+91-9899011450

Enjoy fatherhood dude. Nothing to worry.  I see no case here.

Dr. Raghu, the issue which you raised has been tormenting a lot of stepfathers and stepmothers who wish to be the natural parent of the stepchild.  There are two schools of thought about this issue.  One says that a stepfather can never be adoptive father due to the language used in HAMA (Hindu Adoption and Maintenance Act), which prohibits natural mother to become adoptive mother.  The second school of thought is that stepfather gets a court order as a guardian with the help of natural mother and on the basis of that order, gets adoptive father order under  HAMA Act.  As it baffles you, I tell you easy process:1. Youmust be a Hindu and that girlchild also must be Hindu.  2. There must be age difference of atleast 21 years between the child and you.  If you meet these requirements, then try to get the consent of biological father in writing on the adoption deed. (Adoption deed has to be prepared by competent advocate).  It bears the signature of biological father, mother giving in adoption to you and your signature in the presence of two competent witnesses.  Get this adoption deed registered before the Registrar of the District.  Then after registration, issue newspaper publication and also gazette publication changing the surname of the child to your surname, only if she is carrying the surname of the biologial father.  If you have any difficulty to get the signature of the biological father on adoption deed, then on the strength of the court order giving the biological mother the full rights as guardian can be used to get the adoption deed valid in the eyes of law.  A lot of bureaucratic innvolvement is required, as you know, there will be hurdles and they can be overcome by entertaining them with good humour.  Wish you best of luck.

Prabhakar Advocate (M)9958670740

Legal Aid panelist - family law - Central Delhi (Tis Hazari)

Dear Kapil Chandna Sir, thank you for the suggestions. Yes my wife is getting the court order and she can do everything but the passport application has bilogical father's name which can not be kept vacant and I can not fill in my name unless I am her father legally.

Respected Gyan Praksh sir, thanks for the encouragement.

Dear Prabhakar sir, Thanks for the detailed answer.  Yes, this seems to be the only way now. I was hoping to have them in UK by end of August but that looks a very distant dream now. I am hoping there are people experienced in all this procedure in mahbubnagar district of telangan..that's another of my problem :) But yes, thanks again a lot for such detailed and point to point answer.

"her ex husband has filed a petition in the court saying that he does not want guardianship and / or custody of the girl child and wants to transfer the same to the natural mother i.e my wife which is what we wanted."

Actually U require an NOC from the biological father,though as per the above para, it deals only with his intentions. So officially U require the formalities to be completed from the biological father.

In my opiniion, if the daughter /mother are residing within jurisdiction of Mumbai, then  you have to apply to City Civil Court, Mumbai to the Principal Judge by filing Adoption Petition seeking adoption decree, there is absolutely no way other thn this....there is lot of docmentation,....such as  you all thrre have to get yourself tested for HIV and there are some othertests also,  you have to file Undertaking alongwith Petition that you care of her maintenance, education, medical, etcd....Somebody on your behalf also shold file one affidavit givig your guarantee......thee are so many documents are obe fled.   You hv to a;so show your bonafides by showing Inestment in daughter;s name, Insurance policy, medical policy etc... there are many other applictions, directions given by the court such as Bombay Municipal corporation for change of name of the daaughter after Adoption.....

But pleasekeep in mind that Adoption is irrevocable, even if you again separate from your prospective, wife you caanot abandon the daughter.   Thje daughter shall inherit your property

Once you get Adoption Decree , then your daughter can get British passport n all UK facilities which are offered to the citizens

.If you have any further query, pl communicate by sending msg to my Facebook A/c Anamika Vichare [with New ?York city picture] on my profile...