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Rajakumar (Team Lead)     20 September 2011

What should be father name of the child

Hello Experts,  

Please see the below story, then give me some valuable informations or answer for my queries.

A woman married with a person lets say "X" she also got a child. When the child's age was 3, she got divorced from person "X". Now she married another person "H". hereforth "H" is going to be her husband aswellas father for the child.

My questions are :-

1. What should be father name of the child, especially when filling the scholll application form, or community certificate etc,. Is it legally rite if the child use the father name as "H". 

2. Is it legally accepted if "H" like to include the child name in his ration card as a son/daughter.

Thanks for your help.



Learning

 8 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 September 2011

unless the adoption deed is there, there is no way you can change the name of the father.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Tajobsindia (Senior Partner )     20 September 2011

@ Author

I totally agree to sound advise given by ld. Shonee. The facts in case does not leave much oprion other than telling second husband to legally adopt the child born out of first husband for all public documets purposes.

Rajakumar (Team Lead)     20 September 2011

The biological father ("X") agreed that he is not going to have any rights on his child in the divorce paper. do you think still you need a adoption deed.

 

Thanks for your response.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 September 2011

Yes, as child custody and guardianship matters can always be reopened.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     07 October 2011

I think it is not essential at the moment to force for a

doption of the child.

Once proper love and affection is there adoption will not have any problem.Please give true love and affection to your husband he himself will agree for adoption.

Till then you can use H as fathers name with the consent of your new husband and include childs name in the Ration Card.

Once proper relations are established no problem will be there in adoption.

Hope for the best.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 October 2011

:-) Love and all other things are fine.

 

When fights break and relations sour, some sound legal steps taken years back come to the rescue.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     10 October 2011

Love and affection etc. are very important in personal relations.Instead of creating legal complication at this moment as the children is very small i beleive improving and building strong relations are more important then insisting on adoption.

After some time when both have faith, love and affection everything is possible.

 

By love and affection you can get anything done.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 October 2011

What when love cease to exist?

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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