• Stepchild adoption rules and regulation

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....
Asked 4 years ago in Family Law
Religion: Sikh

3 answers received in 10 minutes.

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13 Answers

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

No need of lawyer, but it will be good if you engage an advocate.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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