Adoption
taanu
(Querist) 10 August 2015
This query is : Resolved
hello
i was legally adopted when i was 3/4 years old by my biological father's unmarried sister. adoption deed is registered.i also have an pension account under her name. she died when i was 7. my school and college records have my biological parents name and also in all the other documents such as pan card, voters id, drivers license, adhaar card. i applied for passport(tatkal) recently.i nee to go abroad urgently within 2 weeks. they are asking for birth certificate.
advice me what should i do? as all the documents have my parents name. will it amount to forgery if i make my birth certificate and passport in my parents name?
can i cancel the adoption deed? my pension account will be close in nov end 2015.
do i need to change all the documents in her name?
please help
Sudhir Kumar, Advocate
(Expert) 10 August 2015
ONE CANNOT ADOPT THE CHILD OF A PERSON WHOM HE/SHE CANNOT MARRY.
A SISTER CANNOT MARRY HER BROTHER SO CANNOT ADOPT HIS CHILD.
The adoption is per-se illegal. SO the pension was wrongly drawn by you.
The adoption is not only illegal but as apprent from your post is unrecored as well.
Now it is for you t oi decided on totality of the facts as to whether you want to reap any trouble.
taanu
(Querist) 11 August 2015
But i have court orders and a valid legal adoption deed. If it was illegal in the first place then why would court give orders in this regard?
taanu
(Querist) 11 August 2015
There is no such thing as 'one cannot adopt a child of a person whom he/she cannot marry' according to the hindu adoption and maintenace act 1956.
The adoption deed is not only valid and legal but is also registered and i have court orders in this regard and it was published in the gazette.
All i want to know is can i now change my parents name in all the documents ? 10th certificate, 12th, PAN, voters id, adhaar?
Or should i just continue using them? And make the passport? Can i change (not correction) my parents name once passport is issued ?
What is the solution to this? Help.
Sudhir Kumar, Advocate
(Expert) 15 August 2015
pension of adoptive parent
other benefits of biological parent
is it legal?
Sudhir Kumar, Advocate
(Expert) 15 August 2015
repeated
http://www.lawyersclubindia.com/experts/adopted-but-documents-have-biological-parents-name-help--554081.asp#.Vc7k6rX02aQ
Sudhir Kumar, Advocate
(Expert) 15 August 2015
also repeated
http://www.lawyersclubindia.com/experts/ADOPTION-DOCUMENTS-553826.asp
