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Dharmesh Manjeshwar (Advocate/Lawyer)     03 July 2010

Is adoption necessary

A, marries a divorced lady B having a minor son, C. 

A thereafter registers his marriage .... changes the sirname of the minor son, C to his sirname vide govt. gazette and newspaper publication ....  Now the school of the minor son refuses to correct the sirname of the minor child, C on the basis of the Govt. Gazette and newspaper publication and are adamant that A execute an Adoption Deed .... I personally feel that A should not and cannot execute an Adoption Deed in such circumstances and the school authorities are wrong ..... Can my learned friends throw some light on this .....

 

 

 

 



Learning

 2 Replies


(Guest)

1. In my opinion Adoption Deed is important piece of execution Order from Guardianship Court under HAMA The Act and school authorities are right as per Rules at this stage.


2. If you have already got it notified via newspaper and Gazette (how it is done educate this part to me later) then I don't see this small execution of Adoption Deed via Court under
HAMA being a hicuup at this stage. Afterall you are protecting the future "welfare of the child" by such execution of adoption deed is it not so!


Rgds.

Rajendra Pandey (Professional)     16 August 2010

Minor C is step son of A and hence it is not legally binding for him to execute an adoption deed under HAMA or secure court order under GAWA


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