hindu adoption and maintenance act provides that consent of biological parents is necessary for giving child in adoption

2) personal presence is not necessary

3) NOC should suffice

4) not necessary that NOC be on stamp paper

5) deed of adoption has to be stamped and registered

6) it is not required to be done through court

Hi

You have to register an adoption deed in the registrar office of your area,if the biological parents are consenting. Some places the registrar will not agree without a court order.If the registrar makes objection you will have to get a decree from the court and the based on that court decree/order a deed of adoption has to be registered in the sub-registrar office. So first find out from the office if they need a court order as the biological father is agreeable and the custody of the daughter is with the biological mother.

If there is a divorce order , you should attach the same.

Biological father's presence is not needed only NOC from the biological father's is needed.

In the deed of adoption you can mention child' s new name with your name and surname.

Once the adoption deed is done give a gazette declaration along with a publication in local daily of the Changed name.

Since this is your step daughter, NOC from father alone is required. The biological mother can give you the child in adoption and she is the one party signing and you the other party, adoptive father.

After adoption the name in the birth certificate can not be changed as the biological father's name will be there. Name Change in the birth certificate is not possible, once it is entered have to be corrected through a court order. Since the facts are correct the biological father's name can not be changed in the birth certificate.

All other documents you can change the name as your name as father /guardian .

If you needed a court order , get a lawyer and proceed further.

Get NoC and adoption deed prepared by any lawyer .

Dear Querist

the presence of the biological father before the sub registrar where the adoption deed will be registered is mandatory and later on complete all the formality.

the No Objection will be mentioned in the Adoption Deed itself and there is no requirement for any separate NOC.

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A adoption deed is made in the presence of magistrate.. There is need of witnesses ,biological father will be required.. The format is available with the typists present in the local city court..

physical presence of father isn't necessary. he has to execute a notary in respect of giving consent for adoption. after adoption you can change the name of child, father's name shall be automatically changed after adoption. adoption procedure shall be carried out before the district judge.

1. The adoption is possible only through a registered adoption deed. The parent who has to give the child in adoption and the parent who has to accept the adoption have to be personally present before the registrar at the time of execution of the adoption deed.

2. NOC alone does not suffice. The biological father has to execute the adoption deed. If the adoption deed is to be executed by the mother then father should sign as a conforming party.

3. The name of father cannot be changed in the birth certificate as the birth certificate shows the status of the child as it existed at the time of birth. However, the adoptive father's name can be incorporated in all the other documents of the adopted child.

1. NOC claimed to be uissued by the biological father can not be authenticated for which Registrars refuse to accept such NOCs while registering the Adoption Deed.

2. It will be prudent on your part to get his signature as one of the parties as consenting party in the said adoption deed.

If you get him signed as a consenting party in the adoption deed, the said deed will be complete and flawless and his biological father will not be able to challenge the said adoption deed in future.

The adoption deed without registration of the same before the concerned registrar's office shall be invalid.

For registration of adoption deed, the biological father who will give the child in adoption and the adoptive father are to be present before the registrar to get the deed registered.

Therefore NOC for registration of adoption deed is not valid.

Any other form of adoption without registration is not valid in law.

An unregistered adoption deed will not be considered as a valid document to change the name of the father in the birth register pertaining to the child.