your husband needs consent of biological father to adopt the child .

2) in case the biological father consents deed of adoption should be executed wherein the father with consent of biological mother gives child in adoption to you ,

3) the adoption deed should be duly registered .

4) the daughter above the age of 15 years cannot be given in adoption and if there is some custom permitting that the same must be strictly pleaded and proved-Mahalingam v. Kannayyar AIR 1990 Mad. 333. 1989 (2) MLJ 3441

if there is custom in your community child can be given in adoption

2) your husband can make application to court for being appointed as guardian of the child

3) enclose consent of biological father

1, Yes without NOC from her biological father no valid adoption can not be done.

2. You being the stepfather of child can look after her though she can not use your surname without the consent of her biological father.

3. After 18 years these issues become irrelevant as she then would take her own decisions without dictates of anybody.

For giving your minor daughter in adoption to your new spouse, you need to obtain NOC from the child's biological father.

After adoption deed registered,then you may give an application to the registrar of births and deaths with a request to change the name of the child suffixing her adoptive father's name.

My daughter is above 15 yrs,as you said it can't be given for adoption...then what is the way to make her a legal child for my husband.

If the child is not eligible for giving in adoption, then ther is no chance of she becoming his legal child.

He can be satisfied by the fact that he is her father orally or step father till the end.

In your case your ex-husband, is still the natural guardian of the child under the Hindu law for adoption consent of biological father is must that is consent from your first husband is must and then adoption deed should be duly registered.

If your ex-husband is not available to give consent then your husband cannot adopt your child as latter has no right over the child born out of your first marriage. You have to locate your husband and then request him to consent to adoption. Your ex husband does not consent to adoption there is no way your present husband can adopt the child

if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted. The minimum age difference between the child and either of the prospective adoptive parents should not be less than twenty five years;

Your Second husband can act only step father .