Adoption of my fiance (divorcee) minor son (5.5yrs)
mukherjeeporibar
(Querist) 18 May 2015
This query is : Resolved
Fiance's divorce decree states:
- Petitioner No. 1 (husband) gives up legal rights as a father
I would like to legally adopt her 6 yr. old and change his surname to mine.
Some lawyers seem to be confused/of the opinion that once I marry her there is NO WAY that I can adopt the child. That seems ridiculous.
If her ex-husband is willing to come to the registrar office, can't it be done? Also is his presence really required if the decree clearly states that he is giving up his father rights?
For the name change, is the divorce decree statement not enough?
SAINATH DEVALLA
(Expert) 26 May 2015
Actually U require the consent and approval of the biological father of the child,but how did he give up his legal rights over the child?The lawyers need not be confused,if the biological father gives consent and a deed for adoption,there is no problem.
