• Step parent wife's child adoption procedure

Namaste,

Four months back, I have got married to a divorced lady having a child. I would like to adopt the child and replace the biological fathers name in childs Date Of Birth (DOB) certificate with my name.
Also I have got notarized no objection consent from the biological father for adoption.

Kindly let me know the procedure to adopt my wife's child and change the biological fathers name in the child's DOB certificate.
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

Registered the adoption deed and the presence of biological father is mandatory at the time of registration of adoption deed before the registrar of area.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
5932 Answers
281 Consultations

4.9 on 5.0

1) deed of adoption has to be executed by the biological parents in your favour . it should record that giving and taking ceremony was performed and child given in adoption to you

2) deed of adoption has to be registered .

3) Sections 9(1) and 9(2) of the HAMA are relevant and reads as follows:-

"9. Persons capable of giving in adoption.-

(1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.

(2) Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal right to give a son or daughter in adoption:

Provided that such right shall not be exercised by either of them save with the consent of the other unless one of them has completely and finally renounced the word or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.

4) on basis of deed of adoption apply to registrar of birth for substiuting your name as father in the child birth certifcate

Ajay Sethi
Advocate, Mumbai
81795 Answers
5120 Consultations

5.0 on 5.0

1. No adoption is valid or permissible without the consent of biological parent of he child.

2,. Unless the biological father gives his consent in writing you can not adopt her.

3.You can not change his name or surname also without his consent.

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

This is easy not difficult as when a child is adopted, along with finalization papers, an amended birth certificate (ABC) is issued. Replaces the birth parents’ names with those of the adoptive parents, and the child’s name given at birth with the new name, this is given to the adoptive parents.

Deepak Tiwari
Advocate, New Delhi
91 Answers
14 Consultations

4.5 on 5.0

1. You are going to adopt the boy for which you shall become the adoptive father.

2. The date of birth certificate records the biological father's name and not the adoptive father's name for which you cannot swap your name with the name of his biological father in his birth certificate.

3. Since you have already obtained the NOC from his biological father, you can now execute and register a Adoption Deed for legally adopting the said boy.

4. After registration of the said adoption deed, he can write your name as father at every place and in all documents to be created further.

5. Engage a local lawyer to draft the said adoption deed and get it registered..

Krishna Kishore Ganguly
Advocate, Kolkata
25292 Answers
726 Consultations

5.0 on 5.0

You don't need to approach CARA

2) you are adopting wife child . Biological father and mother would be giving child in adoption

3) if your lawyer does not know how to prepare deed of adoption you can make payment on this website and engage any lawyer for preparation of deed of adoption

Ajay Sethi
Advocate, Mumbai
81795 Answers
5120 Consultations

5.0 on 5.0

1. In the instant case your wife is the giving party and not the receiving party since she is already the mother of her child from where she can not become the adoptive mother.

2. Here she is the giver of her child in adoption to you and you are the receiver when you have already received the NOC from the biological father of the child.

3. in the said adoption deed, your wife, being the giver of her child, also will agree for the adoption as your wife nd append her signature n the said adoption deed.

Krishna Kishore Ganguly
Advocate, Kolkata
25292 Answers
726 Consultations

5.0 on 5.0

NRIs and foreign nationals, who adopted children under The Guardians and Wards Act of 1890, may go for formal adoption of the children as per the adoption laws and procedures of their respective countries, within two years of them becoming “guardians” of their adopted children. Therefore, it is important to know what law do they have in Germany.

Deepak Tiwari
Advocate, New Delhi
91 Answers
14 Consultations

4.5 on 5.0

You can adopt the child by drawing n adoption deed and getting it registered, if need be by an adoption original petition before the court competent in the district.

The notarised no objection by the biological father will not be sufficient, he has to sign the adoption papers before the sub-registrar along with the the adoptive father.

After the registered adoption formalities are completed, by enclosing an attested true copy you can apply for change of name of the biological father in the birth register/records held by the registrar of births and deaths of your state.

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

The adoption through CARA will be a lengthy process.

You can ignore the same.

The biological father can give in adoption directly to the adoptive father.

The procedures have already been explained in the previous answer above.

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer