Birth certificate of adopted child
RAJIV SINGH
(Querist) 11 February 2014
This query is : Resolved
I have legally adopted a child with in relation.name of father in birth certificate is biological father. now i want to obtain the birth certificate with my own name as parents name, however in legally adoption deed my own name is there. but for school purpose and others purpose birth certificate is very essential documents. pl advice that another birth certificate can be issued with my own name or is there any other procedure to get birth certificate/ any other document to use for required purpose. from where i have to get.
ajay sethi
(Expert) 11 February 2014
you will have to make an application to magistrate for incorporation of your name in birth certificate . you can in support rely upon adoption deed . on order being issued by magistrate authorities will make necessary changes .
ajay sethi
(Expert) 11 February 2014
Adopted children get certified status
TNN | Mar 20, 2001, 02.32 PM IST
BANGALORE: Adoptive parents can consider admission ordeals a thing of the past. With the special directive that makes issual of birth certificates mandatory for adopted children, life can be much easier for adoptive parents during the March-April admission rush.
Earlier procedures were not that simple. Adoptive parents were denied a birth certificate making procedures complicated especially during the admission period at schools. The affidavit given by the adoption agency stated that the child was adopted. But besides, the fact that parents resented the foster status, schools also threw up hurdles for these `special status' children.
In the background of the above problems, it is surprising that very few people are aware that an order has already been passed at the national level stipulating issual of birth certificates to adoptive parents some timeago.
According to K Narayana, under secretary to the Karnataka government, Urban Development Department; The Director of Bureau of Economics and Statistics, Bangalore is the chief registrar of births, deaths and marriages in Karnataka. In July 1999, the Registrar General of India had written to the chief registrar of births regarding the revised guidelines for adoption of Indian children.
One of the salient features of these guidelines was that, upon an application made by an adoption agency to the chief registrar of births along with all the relevant material in the form of an affidavit, the local magistrate could pass an order approving the particulars to be entered in the birth certificate (especially the name of the adoptive parents) and the same would then be issued by the Registrar of the area where the adopted child was found. "These guidelines were to apply both to children who are sponsored for adoption and for children taken on adoption from relatives and friends," he adds.
However, a year ago, SU-DATTA, the Adoptive Parents Association (Karnataka), had brought to the notice of the state government that these guidelines were not widely known and that birth certificates were not being issued according to these guidelines. The matter was reviewed at an inter-departmental meeting.
Following, this, the chief registrar of births has written to the Registrar General of the Karnataka High Court requesting that the provisions of the revised guidelines be brought to the notice of all magistrates in Karnataka. A copy of the letter with all the guidelines has also been sent to all the District Statistical Officers in Karnataka.
Nomita Chandy of Ashraya Children's Home says the order from the Registrar General of India is a convoluted one. "It is difficult to understand the procedures involved, for including the names of adoptive parents in the birth certificate." She says in this particular order "the jurisdiction and the responsibilities of the magistrate" are unclear.
"Even the department at the state level is not certain about the process." It would be better, she adds if the respective courts instead of a magistrate could pass the order approving inclusion of the names and other details in the birth certificate.
Jaya K, an adoptive mother says a court order or a birth affidavit alone will not help. "School authorities are very particular about a birth certificate and will not accept anything less."
She is unaware of the special provisions that enables the inclusion of her name, as she had gone through the process of adoption years ago. On the other hand, even a passport and other important documents can be made on the basis of an affidavit.
On the legal side, at present, we do not have a uniform civil code for adoption in India. Barring the Hindu Adoption and Maintenance Act 1956, there is no law either at the centre or the state on adopting among other communities. As a result only Hindus, (including Sikhs, Jains and Buddhists) can legally adopt a child. Others have to acquire a guardianship under the Guardians and Wards Act 1890. Though for all practical purposes it is considered an adoption, in legal terms the relationship remains as that of a guardian and a ward.
Though legally adoption is entangled in archaic laws, socially the concept is gaining more importance in India. And Karnataka leads in the number of adoption cases.
R.K Nanda
(Expert) 11 February 2014
nothing to add more.
Advocate. Arunagiri
(Expert) 11 February 2014
I am of the opinion, that the adopted father's name can not be included in the birth certificate of the adopted son. the birth certificate will disclose the name of the biological father only.
But, after the adoption, the further documents can bear the name of the adopted father. If necessary, he may get a court's declaration on this subject.
RAJIV SINGH
(Querist) 12 February 2014
Pl send if any copy of judgement order for inclusion a name of adoptive father in birth certificate.is it possible that name can be added because most of lawyer advised that name can not be added of adoptive father in birth certificate. still I am confused tell me the procedure.
