• Mother's name in child's record after biological mother's death and father's remarriage

Dear Sir/Madam, I lost my first wife to breast cancer while my first daughter was of age 7 years and second daughter of 2 years. I married my wife's younger sister and by god's grace and the blessings of all the elders in the family and friends my children have a caring and loving mother and I too have a companion for life. Obviously my elder daughter's school records shows my first wife's name in the school records as well as birth certificate, aadhaar card and passport. Now I have to start registration formalities of my second daughter to the school and also should apply for aadhaar card and passport of my second daughter. Our marriage is registered in the registrar office and we have mentioned about the demise of my first wife with death certificate while registering my second marriage. 
My question is; should I mention my first wife's name as mother's name in my second daughter's school registration or should I mention my second wife's name? Also, what should I be mentioning on aadhaar card and passport of my second daughter while I apply for them.
Should I change anything on my first daughter's records to reflect my second wife's name as mother's name on school records, aadhaar card and passport?
Please help in this regard so I can proceed with next steps.
Thanks in advance.
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

Hello,

The new mother will have to officially adopt both the daughters as per the procedures of the HAMA.

Make sure that the same is done and then accordingly get the name of the mother changed in the documents of the elder daughter and then use the name of the second wife as mother for both the daughters.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

My question is; should I mention my first wife's name as mother's name in my second daughter's school registration or should I mention my second wife's name? It is the begotten mother whose name should appear in the records, You can attach a death certificate to that effect and change in future as (late).

Also, what should I be mentioning on aadhaar card and passport of my second daughter while I apply for them. Late (your wife name)

Should I change anything on my first daughter's records to reflect my second wife's name as mother's name on school records, aadhaar card and passport? No, the deceased mother is the natural mother of both and therefore her name shall not be replaced by any other name unless given and taken in adoption.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1) mention the biological mother name in school records

2) similarly for Aadhar and passport the biological mother na e should be mentioned

3) you should not change name of biological mother in her records

4) if you want to change name of mother on your children school record deed of adoption should be executed by you in favour of your second wife

5) then by notification in official gazette and 2 local newspapers change of name of child should be done

6) then change name in children school records

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

The mother name should be same as she was your legally wedded wife.

You need not to change the name in the birth recorded but add the word late with her name as you have birth certificate in the name of your first wife.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) Don't change it any thing keep it naturally

Don't try to change natures law. If everything is fine its ok , in most of the situation father's name is important whenever it has been asked to child so that is the same and mother's name it won't make it any difference. So keep it is as it is.

2) If you want still change name, so than change second wife's name and keep as first wife. All will be happy more, only on paper, by orally you may call her name what she has !

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Mention your second wife's name.

On the aadhar card and passport too, mention the second/current wife's name.

Ques. Should I change anything on my first daughter's records to reflect my second wife's name as mother's name on school records, aadhaar card and passport?

And. Yes. On the basis of your marriage certificate, get the first daughter's record updated, reflecting the name of your current wife.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

There should not be any change in the name of parent of the child which remains unaltered whether the parent is alive or dead.

Your second marriage doesn't relinquish the requirement of mentioning your deceased wife to be described as mother if the child.

So don't try to cause any change if name in any official record. It wouldn't do any good.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Respected sir...

If you want to change the name of your child then it will be easily changed by law but there are not specific requirements by law Which you need to change the name of mother....Sir you are the biological father of both the child's if you want to change the name you have to adopt the procedure of adoption by wich you give your child to someone else and someone else are both of you and your second wife when you get the adaptation deed completed then name of your second wife will easily be changed and added to all the legal documents...It is just a simple and sobre procedure..

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

1. The mother's name has been asked to be provided in the said application forms for Aadhaar Card and Passport and not step mother's name.

2. You shall have to mention the biological mother's name in all the said applications.

3. You can not put your second wife's name as mother of your children in any application form pertaining to your children as otherwise it will be considered as false information for which their said documents/passports will be lioabe to be cancelled in future.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The practical situation is different to that of the legal formalities.

The biological mother, though not alive now, is the your first wife to your children hence only her name can be mentioned agaisnt the column 'mother' of the children in all the forms.

Your second wife is the step mother of your children and not biological mother , hence it would be incorrect to have your second wife's name as their mother.

You cannot change the name of their mother at your fancies and whims

As a matter of act yor second wife has not even adopte the children legally hence she cannot be considered as their mother for all legal purposes.

Do not be misguided by sentimental values and mess up things and complicate the issues which may become a legal hassle in future for the children.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. You must mention the name of the biological mother of the child only in the application form for adhaar and passport. The demise of the mother of your child does not severe the legal relationship between the child and deceased mother.

2. You were free to remarry after your wife's demise but your first wife remains the biological mother of the child for all legal and practical reasons. Furnishing of the name of the second wife in application form is tantamount to furnishing false information, for which you can be criminally prosecuted.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Client,

2nd wife will adopt ur daughters, this way both will become first class legal heirs of ur 2nd wife. And on the basis of Adoption deed, get the names in documents change, but not in birth cetificate.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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