annie 19 April 2015

Adoption of stepson by husband

Hello Sirs, I am a 41 year old female having 9 year old son. I got divorced in Feb 2014 and remarried in 2015. Permanent custody of my son was awarded to me. My son's natural father doesnot want anything to do with my son and also I am not getting any maintainence from him. My present husband wants to adopt my son. We are Hindu and marriage was done under Hindu marriage act. My present husband does not have any child from his previous marriage. We wanted to know the following :

What is the procedure for the same
Will an affadavit for adoption be enough for this?
We would like to have my present husband's name everywhere in his school / passport / bank what needs to be done in this case?
Is it absolutely necessary to get my ex's consent for this ?
Do we need to get a lawyer for this or only getting affadavit registered in a registrar office be enough

Son was born in Pune in 2009. I got divorced in Pune and also remarried in Pune. Please help me!

Thanks in advance

Annie

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8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 April 2015

your ex husband can give an affidavit in writing on stamp paper that he has no objection to his son being formally adopted by your husband . deed of adoption has to be signed by both the natural parents . get it drafted by a local lawyer .

SAINATH DEVALLA (LEGAL CONSULTANT) 20 April 2015

officially divorced,original father still has a right over his son, even though the custody of the son has been given to the mother.He has to give an affidavit to that effect for adoption by step father.

annie 20 April 2015

Thanks you sirs for your reply. I have no contct with my ex and his whereabouts is not known. In case I am not able to trace him is there any other way to get the adoption deed done?

SAINATH DEVALLA (LEGAL CONSULTANT) 20 April 2015

Can U provide a detailed abstract of the order of the court regarding awarding custody of UR son.

T. Kalaiselvan, Advocate (Advocate) 30 April 2015

For adopting a son by another person, the consent of biological father's has to be obtained after which the adoption deed can be registered officially

jansher chand (personal) 19 May 2015

there is another linked question. lets say after divorce, the biological father gives consent on stamp paper to let step father adopt his son. please provide insight on following:-

1. Can he still have visitation rights and can he call to inquire about him n talk to the son who is just 3 yrs old?

2. if he has foregone his visitation rights during a mcd, at a later date can he claim his parental rights?

3. After adoption can the child use his step father's name everywhere including passports? If so can the birth certificate be amended to read step father as father?

ANAMIKA VICHARE (LAWYER) 01 June 2015

You have to get Adoption Decree from District Court Pune, you have to engagea lawyer. Please note, adoption deed is of no use as misguided by others. Only Adoption Decree...further queries you can send msg to my Facebook A/c Anamika Vichare with New York city picture on profile.

ANAMIKA VICHARE (LAWYER) 01 June 2015

I just read now that you have no connection with ex, but you file Adoption Petition, send notice to the last known address n then publication of suummons in local news paper in the jurisdiction area where he is supposed to live....pl no stamp paper, no deed, no - no obction, only Adoption Decree