• Name change in birth certificate of adopted child

What is the procedure for entering adoptee father's name in birth certificate in place of biological father. In this case biological father is expired and biological mother had got married to adoptee father. Adoption deed, gazette notification and change in aadhar card all ready done.in this case court order is necessory or affidavit and simple application will work.
Asked 8 years ago in Family Law
Religion: Hindu

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14 Answers

Hello,

Affidavit and an application to the Registrar of Death and Birth will do in this case.

However, if he refuses to do the work on the basis of affidavit and application then a declaration suit will have to be filed in the civil court, to the effect that the adoption is legal and the name be now changed in the records.

Contact a local lawyer, who can help you in getting the name of the father changed

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

This can never be done.The broth certificate will be the name of the biological father only.

Only of the infant was an orphan and he is adopted by a person then only his name can be incorporated in the birth certificate.

However if the high court sop permits then you can do so.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

. In such cases, it would be sufficient if the Magistrate having jurisdiction over the area passes an order approving the particulars of the adoptive parents to be entered/altered in the birth register/certificate and also pass an order for issuing a second birth certificate. If in case, the birth has not been registered till the time of adoption the Magistrate passing the order has to determine the exact date of birth, which he can do on the basis of relevant proof or declaration from the natural parents and in their absence, on the basis of the certificate granted by the Chief Medical Officer.

The Registrar, as he does in case of other court order, has to make an entry in the `remarks' column giving details of the court order (including date) while entering or correcting as per the particulars approved by the Magistrate.

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1. After the adoption deed has been registered with tyhe back ground that the biological father has died and his mother has given consent for the said adoption, the adopting father sets in to the shoes of the biological father.

2. The mother can get an affidavit affirmed to this effect before a 1st Class Judicial Magistrate and publish the gist of the said affidavit in the gazette and two local newspapers, one being in vernacular.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Following is the name change requirements in India: A Complete 3-Step Guide

Changing one’s name, adding initials or even just one letter is regular in India, more so than in many parts of the world. We believe in vaastu, numerology, and it’s common for women from many communities to change their first and last names after marriage.

Given how common this is, you would expect the procedure for changing your name to be fairly quick. But it is, in fact, pretty lengthy, even requiring a newspaper advertisement.

Even though it is lengthy, though, the procedure for changing your name is quite simple. All you need to do is to understand how it is done, what steps needs to be taken, what are the documents essential for submitting the request, and you are good to go. Read the below-mentioned steps to ensure you have everything in place for changing your name to the new initials, as preferred.

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PROCEDURE FOR NAME CHANGE IN INDIA

There are three mandatory things, which are needed to be done for authorizing the name change:

1. Affidavit Submission: An affidavit needs to be prepared for name change.

2. Ad Publication: An announcement should be published in the newspaper.

3. Gazette Notification: A notification should be published in the Gazette of India regarding the name change.

The first step in the legal procedure is affidavit submission. You need to contact a notary to do the needful. The following steps would make the process simpler and clearer:

1. Approach your local notary and mention your request.

2. The notary will suggest the stamp paper of required value on which the affidavit for name change is made.

3. Once you have the paper, you need to provide the following details:

a.Name and New name

b.Current address

c.Reason for name change (Astrology, numerology, marriage, etc)

4. Once the affidavit is printed on a plain stamp paper, it needs to be signed by two witnesses. The legal procedure is to get it signed by two persons of gazetted officer rank. Ensure that you have their signature, along with their stamp (rubber stamp).

5. The procedure for a name change, in the case of a central government employee, needs to be done in lieu with the Ministry of Home Affairs O.M. No. – 190016/1/87-Estt. Dated 12.03.1987

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Since the biological father is dead the child can be adopted but the name of adoptive father cannot be incorporated in place of the biological father.

2. The adoptive father's name can, however, be incorporated in the school records and other documents of identity of the child such as adhaar card and pan card.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

In order to change any entries in the Registrar of Births, an order from a court is required.

Biological father’s name in birth certificate cannot be replaced with that of the adoptee father without an order from the Court.

Court order is necessary.

Contact a local lawyer and get the needful done through him.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

you can move an application to the birth registration authority with the attested copy of adoption deed,notification etc.Court order is not required.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

1) court order is compulsory. After order is passed by court next step as follows

2) If your case is successful, the judge can issue an order to adjudicate parentage specifically outlining what changes to make on the birth certificate. This order is required with VS 21 applications for amending birth records. When you obtain the VS 21 application, be sure to include a certified copy of the court order with the original seal and court clerk signature (not the original document) to reduce the chances of your application being rejected. Photocopies or other unofficial documents will likely not be accepted. However, it is recommended to include a photocopy of the original birth certificate to expedite the process.

3) Once your application to amend birth records is accepted, you will have successfully completed all of the steps to change the father on the birth certificate. The average processing time for these changes is approximately two months, after which time the new birth certificate will reflect the correct parentage.

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Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Adoption deed, gazette notification and change in aadhar card all ready done.in this case court order is necessory or affidavit and simple application will work. - All records hereafter can be effected through the aforementioned documents to get the adopted father's name on behalf of b.father.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Simple application before the executive Mazistrate would work.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

File a case for declaration based on the adoption deed. and statement of mother as well as a witness.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

A declaration to declare the adoption as legally valid and a direction to the birth registrar to change the name of the father in the birth registrar shall be the option/solution to this situation.

You may have to file a suit for declaration and for other reliefs as stated above.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

As far as birth certificate is concerned your name cant be included in the same by changing the name of biological father. Only corrections of incorrect names and Mis-spelling is done by application for changing or amending the name in certain case to the Registrar of births and death.

You can avail other forms as gazette notification etc as you have already mentioned and completed.

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

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