Adoption of my daughter by step father

Anitha (Querist) 15 December 2011 This query is : Resolved

Hi,

I am a Christian and was married according to Christian rights in 2004 Dec and have a daughter who is 5 years old. I got an ex-parte divorce from my ex-husband as he was a very violent and mentally disturbed man. I lived with him only for four months. The last I heard of him, he was in a mental hospital in Kerala. I have not heard from since 2005 and I am not aware of his whereabouts. He didn’t even respond to court notices during the divorce case.

Then I got married again in Aug 2010 to a widower with two children. My daughter is not aware about her biological father she considers my present husband as her father and my husband who is a very loving man reciprocates her feelings and want to adopt my daughter legally so that she does not face any problems in future.

My Queries are as follows:

1) What is the procedure for my husband to adopt my child? What are the laws for adoption of a step-daughter by step-father legally?

2) My daughter has a passport which has the name of her biological father. Is it possible to it changed to her step-father’s name.

Looking for a favourable answer

Regards,
Anita

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sanjeev murthy desai (Expert) 15 December 2011

Christian Personal laws does not recognized adoption hence step father should have to approach the jurisdictional court under the Gaurdian wards Act.

After the court permission she can change anything in the passport.

Shonee Kapoor (Expert) 15 December 2011
Agreed with Mr. Desai, as the natural father is alive, his consent is a must for valid adoption or court decree is required.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com