Step son.

1. A & B should now be shown to be 'legally married' in Service records..

2. In the case of the member of the Service whose personal law recognises adoption as a mode of filiation and who has been adopted, the adoptive parents, and not the real parents, shall be treated as parents.   

Thanks for the response.

I would like to clarify that there is no adoption. the children are merely staying with the newly married couple.

Another point which I may like to rise is how the adoption is possible. Because the child will remain with one of the natural parent, whose consent is necessary for giving in adoption. Again, after adoption this parent will loose his/her right over the child, even though he is in custody of the child with the adoptive parent.

1. Then sort them out for your client(s) within parameters of personal Law on Adoption. 

What do you mean by 'will remain' whereas you are saying in your first brief that 'there is no custody dispute'. Clarify all these finer emotive facts first with client(s) before coming to the forum.

Also clarify to forum if parties are Hindus or otherwise so that application of S. 9 of HAMA could be examined in proper light to the facts herein to guide further if needed.

nothing left to add

Yes the parties are hindu.    to clarify 'WILL REMAIN',  the child is staying with B the mother and A the step father, There is no dispute from the natural father.  I hope you are clear now .

In your case proper process of adoption by stepfather needs to be done within meaning of S. 9 HAMA via jurisdiction Court. Here natural father of only child of B will give 'consent' as there is 'no dispute' remaining from his side with B which you tell the forum.

Follow Court adoption process and then the only child of B can use A's name under father's name in all Documents purpose including availing Service benefits in A's Service records. However, check the child should be under 15 years old for the purpose of adoption. There is no need of opting for adoption of A's two children to avail A's Service benefits as they automatically get availed of the same reason being there is no conflict in Law as for as their adoption are required to follow to get Service benefits.

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