Second marriage and adoption
sandykrish
(Querist) 10 November 2015
This query is : Resolved
Hi Learned Experts:
I have got the proposal for the second marriage from the girl side.
She has a 3 year old son from the previous marriage
When we had the initial interactions she confirmed that she has got the divorce through mutual consent in which the child custody is granted to Mother.
Now her conditions for the marriage:
1. To have the name of myself in all the legal documents of her son.
2. To act the legal guardian of her son.
I subtly told her to hold her horses as I was aware of some of adoption related to law.
I believe unless ex Husband registered me the Adoption deed, I should not use my name as the legal father for her son.
Is there any other way these issues needs to be sorted out?
Looking forward for yor suggestions.
kavksatyanarayana
(Expert) 10 November 2015
Author, is the divorce granted by a court of law? what are conditions of mutual consent and decree?
Sudhir Kumar, Advocate
(Expert) 11 November 2015
Even if the divorce is granted and custody of child given to mother, her ex-husband continues to be the father of the the child in practice as well as in legal terms. So there just cannot be any adoption unless he gives consent as long as he is alive.
Sudhir Kumar, Advocate
(Expert) 11 November 2015
you have not revealed whether this is your first marriage ?
please see divorce deed to be sure that you do not marry an undivorced lady and land in charge of adultery from husband.
SAINATH DEVALLA
(Expert) 11 November 2015
In addition to the views of Adv Sudheerji, second marriage still in the proposal stage and hiccups already started.If both of U feel it is an ideal choice for marriage,small things should not be a hindrance.
Though custody of the child is given to the mother,is the father paying maintenance to the child?
If the biological father gives an affidavit that the son can be adopted by U then there should be no problem.Once adopted by U the child ceases to receive maintenance from his original father.
Hence both the families sit together and sort out these things amicably.
Rajendra K Goyal
(Expert) 12 November 2015
Consult your lawyer and show him the divorce decree.
You can not use your name till her previous husband consent is received.
Rajendra K Goyal
(Expert) 12 November 2015
Sorry, reply was again sent by mistake, removed.
K.S.Srinivas
(Expert) 13 November 2015
Agreed with Sri SAINATH DEVALLA.
Dr J C Vashista
(Expert) 13 November 2015
I have similar opinion as advised by expert Sh. Sainath Devalla.
Adoption with the consent of biological father is the only option, till then you may get additional guardianship (with mother-your proposed wife)
