Change of father's name
priyanka
(Querist) 22 August 2012
This query is : Resolved
Hello Sir
I am Priyanka. I wnat advice on how to change father's name for my Son. I got married again in May 2012 after my divorce in February 2011. I have a Son from my first Marriage who is 8 years old studying in forth standard. My current husband has accepted my son and my son also has accepted him as his father. My husband wants to give his name to my Son. Kindly advice me how we can get it done. What is the procedure whether it is allowed by Law.
Also please let me know will my name change affect his name change.
I will be thankfull if anybody can guide me in this issue.
Priyanka
Neeraj Arora (9897136755)
(Expert) 22 August 2012
In your case, as per HINDU LOW you can not change the father's name of your Son without the adoption prosses.
prabhakar singh
(Expert) 22 August 2012
Except a Hindu,none else can change his fathers name.
From name you seems to be Hindu.
For Hindus there is an adoption law called
Hindu Adoptions And Maintenance Act, 1956.
Your present Husband can adopt your son provided he does not have any son from his previous marriage, if there was any.
Your son can be given in adoption as his age is only 8 years since age fixed by law is up to 15 years.
But and this is a BIG BUT that only your previous husband has right as father of your son has exclusive right, albeit with your consent only to give his son in adoption,says section 9(2) of the said Act.
So hurdle shall come when he(your ex husband) disagrees.
priyanka
(Querist) 23 August 2012
Dear Sir thank u for your valueable advice. I wish to mention here that I am Hindu. For My present husband it is his first marriage.So no issues about child.
During my divorce which was mutual consent I asked for my child's custody and my ex-husband has given away his rights by giving one time maitainence (of 1.5 lacs)of my child.
In this context do we need his consent for the adoption process
Regards
Priyanka
