• Declaration of Adoption of a girl child

Respected Sir/Madam, 
Please suggest me the solution for my problem and also help me with tips to get justice.

1.	That she is a Hindu by religion and born on 11 Jun 1990 to her natural parents Sri .Jetti purna Chander Rao and Smt. Jetti Venkata Lakshmi. The plaintiff  natural mother Smt . Jetti Venkata Lakshmi passed away on 29 Sep 1990 when the plaintiff  was only three months old. The natural father of the plaintiff  being unable  to look after the infant plaintiff requested his younger sister  Smt . Edara  Jhansi Lakshmi who was childless to take care of the plaintiff .Smt . Edara  Jhansi Lakshmi with the consent of her husband  Edara Ravindra  Babu has been taking care of the plaintiff at her house in Madinaguda, Serilingampsalli Mandal ,R.R.District right from her tender age of three months. The plaintiff natural father remarried om 06 Feb 1991. The plaintiff’s  natural father also begot two daughters out of his second marriage by name Bhavyaasri (born on 11 Nov 1991) and Revathi (born on 8 Nov 1992). As the plaintiff was in the care and  custoday  of  Edara  Jhansi Lakshmi  and Edara Ravindra  Babu and as they were childless in the year 1933 requested the natural father of the plaintiff  to give in adoption the plaintiff as he begotten two more daughters . The natural Father agreed and performed the necessary ceremonies connected with the adoption and also executed an adoption deed dated 14 April 1993.
2.	The plaintiff  states that her adoptive parents with utmost love and care have brought her up as their daughter and got her well educated and the plaintiff is now an engineering graduate and working as a Software Engineer. The plaintiff states that the names of her adoptive parents are reflected in all her educational Certificates ,Aadhaar card ,Driving license ,pan card , voter ID card ,but however since the plaintiff’s natural father;s name is reflected as her father in the Birth Certificate , she is unable to apply for a passport due to the said technical  reason.
3.	It is submitted that the plaintiff approached the 2nd defendant for issue of passport and in view of the discrepancy in the name of father in the birth certificate and other educational certificates , the passport application is not being accepted .
4.	It is submitted that the second defendant will not issue a passport to her with the name of her adoptive parents in it unless there is a declaratory judgment and decree from a civil court declaring her as the adopted daughter of  Edara Ravindra Babu  and Smt . Edara  Jhansi Lakshmi. As per the law of adoption applicable to Hindus , after the adoption the natural father has no right to claim to be the father of the adoptive child.
5.	It is submitted that the plaintiff is an engineering graduate  and now working as a software engineer and planning to study abroad in future and the  plaintiff has no  other go other than approaching the hon’ble court for justice. Hence this suit for declaration that the plaintiff is the adopted daughter of Edara Ravindra Babu  and Smt . Edara  Jhansi Lakshmi.
Asked 3 years ago in Civil Law from Hyderabad, Telangana
1) file writ petition in high court to direct passport authorities to issue adopted daughter passport 

2) rely upon deed of adoption and other documents in possession of adopted daughter reflecting name of adopted parents 

3) once deed of adoption is made you are the adopted daughter of your adopted parents
Ajay Sethi
Advocate, Mumbai
45738 Answers
2692 Consultations

5.0 on 5.0

Declaratory suit take summary procedure and give order within 6 months. Declaratory suit is filed under section 34 of specefic relief act before civil court. file suit and make your biological father, passport authority and your adopted parents as defndants. claim in the suit that your adoptive parent is natural parent and adoption of executed in 14 April 1993. after filing of suit, court will issue summons to all defendants. defendants will file written statements thereafter court will pass declaratory decree in your favour then you can apply for passport and passport officer will be bound to accept this decree because he was party of the suit and decree will binding upon him.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1. The adopted girl has filed a lawsuit to get the passport issued with the name of her adoptive parents. What do you want to know from us?

2. The court will now decide the case on merits. Unless the adoption itself suffers from the vice of an illegality the adopted girl can hope to get a favourable judgment. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Adoptive father’s name of a minor okay for passport, says Bombay HC

Observing the passport authorities are not considering the adoption details of children, the Bombay High Court Monday directed the city’s Regional Passport Office (RPO) to accept a minor’s application for issuance of a passport.
The child’s application was earlier rejected as it had the adoptive father’s name instead of his biological father. Justices A S Oka and G S Kulkarni observed that the RPO did not “apply its mind” in the case and had gone against the provisions the Hindu Adoptions and Maintenance Act, 1956.
The bench directed the passport officer to decide on the application within 45 days from Monday. The HC observed the RPO’s stand was in view of the divorce decree of the child’s parents and the deed of adoption. However, this is in “complete contradiction” to the clear provisions of the Hindu Adoptions and Maintenance Act, 1956, the HC said.
The HC was acting on a petition filed by a Malad-based woman who sought HC’s directions to the RPO to accept application of her son for issuance of passport.
In response to the application submitted by the petitioner, the passport officer had sent her a letter on May 6, 2014, informing her that she had mentioned the name of the second spouse as the child’s father. Citing standing instructions of the Ministry of External Affairs, the officer stated that in the event of a re-marriage after divorce, the name of step­father or mother “cannot be written” in the passport of children from the previous marriage. The letter also stated that the relationship of the child to his biological parents “subsists even after divorce by parents and that it is also not possible to leave the column of father or mother blank” in the passport in such cases.  He also said that if the stepfather or stepmother is appointed by a court as legal guardian, the name of such step­parent can be written as legal guardian.
“The communication dated May 6, 2014, does not take into consideration these requirements of law and hence cannot be applied when there is a valid adoption in question. In cases where there is a valid adoption as per the provisions of the Act, the passport authority cannot insist that the applicant furnish the name of the biological parents,” the judges observed. The HC further said that such insistence “obliterates the status of a person” as created by a valid adoption and “nullifies the deed of adoption”, which has all the sanctity and validity in view of the said provisions of the Act.
After the adoption, the child’s name was changed to insert the name of the adoptive father.
This change in the name was notified in the Gazette of the Government of Maharashtra dated May 27, 2009. The school record, Aadhar card and a PAN card was also issued in the same name.
Ajay Sethi
Advocate, Mumbai
45738 Answers
2692 Consultations

5.0 on 5.0

You don't have to file a declaratory suit. Adoption deed along with giving /taking ceremonies of child is conclusive proof of adoption. I will suggest you file a writ petition in High Court impleading the passport officer as well as ministry of external affairs for necessary directions to them. 
H. S. Thukral
Advocate, New Delhi
568 Answers
169 Consultations

5.0 on 5.0

Hi, you have already initiated the prcodings and you have to wait for the judgement and decree of the court 

Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

If a case is pending consideration then the same shall be decided on merits. If the Deed of adoption has been made in accordance with law, the adopted child becomes the legal child of the adoptive parents and the passport authorities cannot deny to make such changes and issue a passport.
Shaveta Sanghi
Advocate, Panchkula
866 Answers
64 Consultations

5.0 on 5.0

1. You should have also added the prayer to direct the passport authorities to issue the passport showing your adoptive father's name as your father,

2. The actual problem that the pasport authority is refusing to accept your application showing your adoptive father as your father which you desired to be  mentioned in the passport should have taken place in the plaint to make the Court uinderstand the reason  for filing the said declaratory suit.
Krishna Kishore Ganguly
Advocate, Kolkata
18547 Answers
449 Consultations

5.0 on 5.0

Dear Querist
filing the declaration suit along with the adoption deed is the option to fulfill the requirement of passport office. 
Nadeem Qureshi
Advocate, New Delhi
4867 Answers
222 Consultations

4.9 on 5.0

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