Nupur Chatterjee (Advocate) 26 April 2013

Child wants to use step father's name

Please help me to solve an issue. A boy, 16 years old and governed by Hindu family Law for all purposes lives with his natural mother and step father,i.e. the newly married husband of his natural mother. In some testimonials , esp. in some school documents, the name of his natural father has been written as his father cum guardian. After that his natural parents got divorced and his natural mother remarried. Hereafter the said child started to write his mother's name only whenever he was required to fill up the blank- Son of (S/O)-. What options are available to him here after? The questions are as follows:

1. Whether the step father can still adopt the child?

2. Whether, the child can continue with only his mother's name without any future controversy or challange?

3. Whether ,simply the child can write his step father's name without any future dispute?

4. Whether the child need to write the name of his natural father?

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4 Replies

Tajobsindia (Senior Partner ) 26 April 2013

Originally posted by : Nupur Chatterjee
	1. Whether the step father can still adopt the child? Take: No, unless customary Law of parties permits them to adopt above 15 years old child and for the same study yourself speaking Judgment of Hon’ble SC in Ref.: Atluri Brahmanandam Vs. Anne Sai Bpuji [AIR 2011 SC 545] 2. Whether, the child can continue with only his mother's name without any future controversy or challange? Take: He should not use as any Private OR Statutory bodies can challenge and/or may ask for specific Court Order (currently only Mah. State has Amended State Laws and allowed divorced mother to put their name under parent column and not all States have followed this practice) and even biological father can also challenge surname change if he finds out till 18 years age of the child as his consent is required to change surname of minor. 3. Whether ,simply the child can write his step father's name without any future dispute? Take: Read reply given to your Que. 2. 4. Whether the child need to write the name of his natural father? Take: Yes in reference to context of this query.

prakharved (Medical officer) 11 June 2013

@nupur Chatterjee

There needs to be adequate documentation of the adoption of the boy by the stepfather before this can be written on documents. Make sure all these legal procedures are done. The name of step father may only then be written

Check for consultation with a Lawyer to get exact information. A good source for legal solutions is www. lawkonect.com

Just post your query online in very simple words and you will get a detailed response to your question by seasoned lawyers as per your requirement.

Regards

stanley (Freedom) 11 June 2013

The Amendement in the Family court act of Maharastra is as follows

After Marriage

* A wife may continue to use her maiden name if she has not changed it officially after marriage.

But if it has been changed officially after marriage she cannot use her maiden name prior to divorce .

After Divorce

* A woman can continue using her former married surname, except if her intention is to defraud the ex

So the question mark Defruad comes into ????

The natural father can challenge surname change of the minor child without his consent .

sankar (Software Engineer) 02 June 2014

Let me tell what we did. We can change the biological father/mother name in the birth certificate with the adoptive father/mother name as per new circular from CARA. Get a valid adoption deed executed from court and get it registered in the Sub registrar in your area. Submit an application to make correction in the Birth Certificate along with Form 1-A to the Birth Registrar in your place. Birth Registrar will make required correction as per the court order and provide you the new Birth Certificate