• Add second husband in child school since child custody with us

Hi
Can I add my second husband name in my daughter school since custody of child with me only. 
Biological father not ready to do anything on behalf of my daughter.
Asked 4 years ago in Family Law
Religion: Hindu

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20 Answers

Dear Querist

without adoption it cannot be possible legally.

it will be better to try to get execute an adoption deed (registered) by her biological father to your husband then only you may mention his name as her father.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

You cannot add name of second husband as father of child in school records without consent of biological father

2) biological father needs to execute deed of adoption to give child in adoption to step father

3) there should be giving and taking ceremony

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

No, if you do this without the adoption this will be legally wrong. Custody and adoption are two different aspects by putting the second husband's name will deprive her from her rights from her biological father.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Yes, this is permissible; but you'll have to obtain the single custody of child by filing a petition under G&WC Act.

Contact a local Lawyer having experience of handling matrimonial litigation.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You cannot force your ex husband to give child in adoption to step father

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Approach the court and obtain single and exclusive Guardianship and custody of your child. This is the first and foremost thing you need to do in your endeavour to seek zero interference from him.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Ma'am

As far as the addition of Father Name is concerned, The Hon'ble High Court of Delhi was kind enough to deliver a judgement over the issue in 2017.

A child may not require Father Name during School Admissions and Formalities.

You may/ may not add the Name of the Father, Just your name shall suffice

Aashish Singh
Advocate, Lucknow
6 Answers
1 Consultation

4.0 on 5.0

1) Take the courts permission to add name of current father that is adaptive father, where he takes care of child and help in family, a court can ask to child as well with whom she wants to stay.

2) Tell to court biological father do not take any responsibility and nor ready to give child as adoption.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Client,

If the father is not bearing expanses of child and abandoned than in such cases, consent of husband is not required for giving child on adoption.

And, until child is not adopted by 2nd husband, child have no right of inheritance in his legacy, so for that purpose too, adoption is necessary.

http://www.livelaw.in/allahabad-hc-allows-womans-plea-give-child-adoption-new-husband-read-judgment/

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

See there is a requirement of valid adoption deed in case he does not agree file in court get your second husband appointed as his legal guardian as the second husband is taking care of child also seek direction for adoption.

Also it is not necessary to keep name of father in school record with recent judgment the admission in school, passport all can be granted with mothers name so ask school to remove name of father from the record,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Your second husband is not the biological father of your daughter who was fathered by your first husband.

2. So, you can not add the name of your second husband as the father of the daughter of your first husband unless she is taken in adoption by your second husband.

3. For the purpose of taking your daughter in adoption an adoption deed shall have to be registered after recording the consent of your first husband in giving his daughter to your second husband in adoption.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If the biological father of your daughter refuses to give his said daughter in adoption to your second husband, then the second husband can not be added as the father of your said daughter.

2. The fact that the biological father of your daughter neglects to maintain her is a different issue all together which you shall have to take legally separately and for his said neglect, his fatherhood on his daughter can not be taken away.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

After divorce if the custody of your child is with you and if your second husband what to adopt your child then you will need to obtain consent from child's biological father for the adoption because child can not have three legal parents, therefore, the biological father need to give up his rights. You can ask him on this regard.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Second husband is just a step father to the child, you may ask him to adopt the child after which you can even amend the birth certificate by replacing his name to that of the biological father's name.

Without proper adoption and a registered adoption deed, his name cannot be replaced as father in the educational certificates or school records.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

What if biological father not agree for adoption?

Then the adoption cannot happen, because the biological father has to give NOC or the baby in adoption to the adoptive father

Since biological father is not ready to give anything on behalf of child and not agree to take any single responsibility and my child is suffering because of all these issues..

Your child need not suffer because adoption is just a formality, but taking care of the child is reality, hence let her step father and you take care of the child properly

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dear Madam,

You have following options:

FATHERERS NAME REMAINS EVEN AFTER DIVORCE SINCE THE CHILD BORNTO THAT FATHE…… IF EX-FATHER DISPUTES LET HIM GO TO THE COURT.

________________________________________

The legal surname of the child is the surname nominated by the registering parent or parents at the time of the child’s birth. This is often the surname of the child’s father.

In the event the relationship between the parents subsequently breaks down, then one of the parents of the child may wish to change the child’s surname. This usually happens if the mother has adopted the father’s surname at the time of marriage, and subsequently wishes to revert to her maiden name after separation. So that the child does not have a different surname to the mother in that instance, the mother might then seek to change the child’s surname to her own maiden name or hyphenate her maiden name with the father’s name.

In other situations, the mother of the child may remarry and adopt her new husband’s surname and seek that the child from her first marriage also adopt her new husband’s surname. This is particularly the case if the father of the child is estranged from the child and the child views her mother’s second husband as his or her paternal figure.

How to change a child’s name if both parents consent

In the event that the child’s parents are listed on the child’s birth certificate and both consent to a change of name, then the parents may jointly register an application to register a change of name at the Office of Births, Deaths and Marriages.

How to change a child’s name if both parents do not agree

In the event one parent wishes to change a child’s name, and this is opposed by the other parent, then it is advisable the parties participate in mediation to try to resolve the matter. Depending upon the age of the child, the parties may consider that the child also participates in the mediation so they may take into account any views expressed by the child, especially if the child is a teenager.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

It is necessary to get adoption deed executed by the father to give child in adoption to step father. In case he does not agree file a suit getting second father to be appointed as legal guardian.

Also note it is not necessary to add name of father in school records as per recent judgments.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Officially, you and your husband will have to obtain the consent of your ex-husband for adoption of the child. Unofficially, you may prepare an Affidavit changing the name of your child to include your husband's name, publish the same in the Gazette and try and obtain a Govt document in that name such as the the Aadhar Card. Thereafter, using the Aadhar Card, add your husband's name in the school.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

The second husband will have to adopt the child and without the same, name of your husband can not be added.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If he does not agree for adoption and for signing the NOC then a newspaper publication has to be made.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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