• Family problem

I am a nepali residing in india. my husband( indian ) has seperated from me . I have two children the second a baby girl child from a christian man ( Indian ) . he looks after me and cares for me and both my kids. The childs birth certficate has my husbands name . Now it is time to put my baby to school . I would like to mention the real fathers name in the school . He is willing and has no issues about it. Can i do so ?
Asked 2 years ago in Family Law from Siliguri, West Bengal
Religion: Hindu
when you are separated from your earlier husband  and married again with another man,means now he is his father,then his name should appear in the school records as it will take care of future problems
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
the biological father of child is not your husband . but birth certificate reflects name of your husband as father . birth certificate as issued cannot be changed . what can be done is you and your husband give child for adoption to biological father . prepare deed of adoption have it registered . on the said basis additional entries can be made in birth certificate reflecting adopted father name
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
Dear Querist
what is time period of separation from your husband? if you want to mention baby's real father name then your husband may file a criminal complaint against baby's real father for adultery.
so it will be better to contact a lawyer personally
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
u have to adopt that child to get fathers name changed & get it registered.
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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Contact a lawyer/deed writer at Registrar's office to get the  adoption deed prepared and registered .
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
contact a local lawyer . he will prepare deed of adoption   have it duly stamped and registered
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
any way you will have to change your child father name by adopting it
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
The entries in birth certificate are final for all practical purposes and cannot be changed after the birth certificate is issued. The legal conundrum you are facing is that the name of the biological father of your child is not reflected opposite 'Father's name' in the birth certificate of your child, rather the name of your husband from whom you have separated has been mentioned therein.

In such a scenario the only way out is to give the child in adoption to the biological father of your child. After the adoption deed is made the entries in the birth certificate can be changed.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0

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