Hii to all.. I want to get some information regarding step child adoption. i will explain about myself which help you to answer my questions.. i was divorcee i recently got married in feb 2018 with a divorcee girl who have a 5 year boy from previous marriage. me and my wife both was legally divorced and now recently we registered our marriage as under Anand Karaj Marriage act in Punjab. 1st question Is there any need to adopt my wife child legally?? 2nd i updated the father name in my step child's aadhaar.. so is there any way to update name in Birth certificate of my step child? 3rd I want to apply for passport for my step child. is an Affidavit which i want to make from notary which describe me as his father? Thanks in advance....
1. Yes you have to adopt the child.
2. Name will not be updated in birth certificate.
3. In order to apply for passport you will have to adopt the child. Please visit the website of CARA for the same.
NOTE: You will havw to obtain a NOC from the natural dather.
Regards
1)no need to adopt your wife child from first marriage
2) if you want your name to be reflected as father in child passport deed of adoption has to be executed by the biological mother in your favour . there should be giving and taking ceremony performed
4) deed of adoption should be duly registered
5) then your name can be reflected as father in passport and other documents
ok 1st of all Thanks for quick response Actually i called number of times at cara, but they are not picking up the phone which is mentioned on the cara website. i read out all the details on the cara website. some questions regarding this Is there a need to hire a lawyer for submit the documents in court..??
There is no need legally to adopt but in case the previous father has given up all the rights and you want to reflections your name in records and dur thee wants him.to be surviour of your property then in that case you.should adopt him.
Changes in birth certificate will not be possible however for passport and other documents birth certificate along adoption deed you name can be respected.
For passport valid adoption deed is requiered affidavit wont suffice.
your wife biological mother can give child in adoption .
2) however please note that biological father consent is must for execution of adoption deed
3) you need to hire a lawyer for drafting deed of adoption
No need of lawyer, but it will be good if you engage an advocate.
Regards
Thanks to all I appreciate your answers. I want to reflect my surname over my step child name. I believe biological father have no issue to signed the docs. so some more questions regarding this. 1. what is the complete procedure for deed of adoption? 2. what is giving and taking ceremony. i also read this opinion in somebody question but i can't understand about giving and taking ceremony. 3. My father has a sound knowledge about working of distt courts and sound knowledge for drafting the docs, so is there any need of lawyer? 4. what are the govt. fees, lawyer fees(if hire a lawyer) and other fees?? 5. how much time taken after submitted the docs in distt courts? 6. what are the essential documents i have to submit in distt courts? 7. please mention any other complexity while submit the application in distt courts..
giving and taking ceremony is child is given in adoption to you byy the biological parents
2) better engage a lawyer for drafting deed of adoption
3) legal fees vary depending upon lawyer engaged by you
Dear Client,
Without valid adoption, guardianship of child rest with his biological father/mother. Even in Adhaar - your name is invalid without due adoption.
Why getting into CARA complications, adopt child under THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956.
Execute Registered deed of adoption at sub registrar office.
Nominal registration fees, around Rs. 1500/- max
Single day thing.
Any male who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption.
Provided that, if he has a wife living, he shall not adopt except with the consent of his wife.
Hi,
You may approach CARA to have all valid documents of adoption and then that child may like your own biological son and all the rights will be established
You don't need an advocate for this purpose I need to follow the guidelines from Cara that you can get from the website of Cara as biological father of the child is alive you need to take permission from him for adoption purpose as you have the permission from the mother that is your wife then only you can change the name in the Aadhar Card and other certificates of the child
Sir this adoption shall be private adoption and shall not fall under the CARA rules. The adoption can be done under Hindu adoption and maintenance act.
A simple deed of adoption can made and notarised that would be sufficient.
1. A deed of adoption stating complete details of marriage and child has to be mentioned you can engage a lawyer to draft same and same can be printed 500/- stamp paer and can be notarised.
2. Giving and taking ceremony is like a ceremony where in according to customs child is given to adoptive parents,
3. No if he can draft then not required but i would recommend take help from lawyer.
4. Stamp duty, according to lawyer you hire it wont be much.
5. No deed is enough documents no required to be submitted in court you can get deed registered if you want with the sub-registrar office.
1. Yes, you need to adopt the child of your wife to make it legally your adopted child or else the child will remain your step child only without any rights in you and your properties
2. By getting the child adopted by a registered adoption deed and getting the adoption declared as legally valid through a court of law.
3.No, that may not entitle you to endorse your name as child's father, step father's name cannot be filled in the father's name column in the passport.
Since you both are Indians and may like to adopt the child under Hindu adoption and maintenance act, you need not have to approach CARA for this purpose.
You can take the assistance of an advocate in the local and get the task completed as per law.