• Replacing biological father name with step father name

Dear Concern
Greetings!

Iam from Chennai I am a Hindu I got married in 2005 with a Hindu groom and I have delivered a baby boy out of this wed lock in 2007.
In 2015 I got divorced and remarried to a Muslim groom and my son is living with us.
In 2017 my ex husband died so based on his death certificate and gazette publication my son is using his step dad's name and he is having a Muslim name now. Aadhar card passport and also his school records bears the same that is new name and step dad name.
Now my husband is living in Muscat Oman and we would like to take our son with us. Before applying visa We felt to rectify the father's name discrepancy in birth certificate which is the only document contains his biological father name.
We have approached the municipality for replacing his biological father name as step father's name with all the supporting documents which includes his passport and aadhar card but they are denying it they said it's impossible.
So can any Chennai based advocates give a solution I have read that it needs a court order.

Awaiting your reply.

.
Asked 4 years ago in Family Law
Religion: Muslim

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15 Answers

Mam the name of biological father cannot be change from birth certificate, there is no amendment in birth certificate possible. You can file for declaration of step fathers name in the civil court but the change of name of biological father in birth certificate is not possible. The declaration filed from civil court by step father can be used,if anywhere any issue is caused due to discrepancy in name.

Further only way to take a chance is writ petition in high court but there is also no provision to change fathers name.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) once deed of adoption is executed name of step father can be added to birth certificate of child

2) adoption is not recognised under Muslim personal law

3) hence name of step father cannot be added as father in child birth certificate

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Biological father name cannot be replace. After his father death, you have become absolute guardian of child. Child still carries inheritance right in his biological father assets.

You have to give your child in adoption to new husband to remove this confusion and without valid adoption, he do not acquire succession right to his new father.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The biological father of the child cannot be replaced in the birth certificate as there is no legal provision to do such a change.

You will have to file a suit for declaration in Civil Court in order to declare your second husband as the legal guardian of the child as adoption is not allowed in Muslims.

Your husband would be able to take your child to Oman based on the legal guardianship status.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. The nabe of the biological father of your son is permanent and can not be changed.

2. You can change the name of the father (not biological father) of your son in passsport and other documents provided your husband takes your son in adoption by registering an adoption deed.

3. Of your own you can not change your son's father's name without any legal document/paper since his father is not your present husband.

4. Moreover, your son is a born Hindu for which he can not be taken in adoption by a Muslim as per Hindu Adoptions & Maintenance Act, 1956. He being a minor can not be converted to islam also as per his wish.

5. It is a wrong step to change his name to a Muslim nane in school records and other documents for which he shall have to face problems while seeking passport.

6. Had he been converted to a Hindu and you had stayed as a Hindu, then your Hindu son could have been adopted by your present husband with your consent since your earlier husband has expired, as per Hindu Adoptions & Maintenance Act, 1956.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Madam,

1. Biological father name can not be changed.

2. You may file declaration suit with jurisdiction court to get an order that step father is the legal guardian.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

According to the Shari'ah (Islamic law), there is no legal adoption. It is prohibited for a person to legally adopt a son or a daughter of whom he is not the biological father. If a person adopts a son or daughter, the Shari'ah will not confer on the adopted person the status or rights of a biological son or daughter. According to the Quran, one cannot become a person's real son merely by virtue of a declaration.

but permissible to take care of another child instead of adoption.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hello,

It is not possible to get the name changed of the biological father in the birth certificate. Step father can not replace the name of the biological father and the samw is not required also.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Biological fathers name cannot be changed, it will be better to forget the birth certificate and use all other documents otherwise it will create complication.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1) If once the name of biological father is inserted in record then it can be erased by general course, in case where any one instead of biological father wants the custody of the child then the only way is adoption deed, the person who want the permanent custody of the child can go for registration of adoption deed, the deed should be entered in between the original or biological parents and adopting parents, in alteration the adopting parents can apply in civil court for the custody or legal guardianship but only when the biological parents are not available.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You will not be able to change the biological father's name in the birth certificate at that time you was married to him.

Instead as your previous husband is expired and you are divorced and then married again you are the guardian of the child at this point of time you and your husband can adopt him as son to get the visa

For adoption procedure you have to follow the Cara guidelines.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Do you have the rejection letter from municipality, if so, bring it to get appropriate direction from the court.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

The term 'rectification' is misconceived. You can rectify what is wrong, but at the time of registration of birth your ex husband was still the father of your child, so there is no question of an error in the first place. Hence, the name of biological father cannot be changed in the birth certificate.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Since your present husband is a step father only and not an adoptive father to your son his name cannot be replaced with the biological father's name in the Municipality birth and death register.

You can get your son adopted to your husband by registered adoption deed and get the same declared by court of law under guardian and wards act with a direction to the concerned authorities to change the father's name in the birth register and issue a birth certificate with the rectified name.

Since the child's biological father is died, you need not even obtain NOC, you can yourself give the child in adoption to your husband.

However you may check the law on a Muslim adopting a Hindu child.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read:

What are B1 and B2 Visas and what is a combined B1/B2 Visa?

• B1 visas are visas issued for temporary travel to the US for Business purposes only. These are short-term visas, typically lasting about 6 months.

• B2 visas are issued to travel to the US for pleasure or tourism, including other miscellaneous uses like visas for parents of US residents visiting the country. These also last 6 months.

• The case of a combined B1/B2 visa generally happens when someone applies for a B1 visa for business, and the US consulate goes ahead and stamps it as a B1/B2 visa. This gives you the option to travel to the US for business or for pleasure. For more information on these visa types, check out this link: US Travel.Gov — B-1, B-2 Visa.

How does a B1 or a B1/B2 Visa Work? Is the Visa Tied to the Company or to the Individual?

This answer depends on how the B1 Visa was stamped in your passport. There is a small section in the US visa called Annotation that lets you know the restrictions of the visa you have been issued (image below for reference). If there is no company name in this section, nor are there any other restrictions mentioned, then the good news is that you can freely travel to the US under a different company name.

For instance, let’s say you worked for Company A and they applied for your B1 visa in your passport but nothing is mentioned in the Annotation section. In this case, the B1 visa is tied to you and not to a company, which means you are free to use the visa to travel to the US under another company name. There are no restrictions in this case.

However, if there is a company name listed in the annotation section, or there are other restrictions mentioned, then you cannot use the B1 or B1/B2 visa to travel to the US. You would have to apply for a new B1 visa with the current company that employs you. You must be aware of the restrictions listed in the annotation section of your visa in order to make the right travel decisions.

In the next section, the documents required at any POE are outlined so you know what you are expected to show when entering the United States.

What Documents do I Need to Carry for B1 or B1/B2 Visas When I am Working With a Different Company?

Regardless of which company you work for now, you will need to carry your employment related documents and proof of your current business travel.

Below we provide a list of the typical B1 Visa travel documents required at a US POE. Make sure you have these with you when entering the United States! (DO NOT CHECK THEM IN YOUR LUGGAGE)

• Invitation letter from your business entity or employer in the US

• Employment letter from current company

• Business travel related documents like:

• Conference Invites, Agendas

• Business Meeting Invites, Confirmations

• Details of meeting minutes, etc.

• Business Workshop related invites, etc.

• Company ID Card

• Accommodation information

• Travel itinerary with return flight ticket

• Current country of residence work visa details (if applicable)

• Latest payment slips from current employer.

• Previous employer’s offer letter or proof of employment — when your B1 visa was processed (optional)

Some of the above documents seem unnecessary and exacerbated for a US POE. However, it is always best to err on the side of caution so that you do not run into any problems when you are traveling to the United States. Make sure you follow this comprehensive checklist to avoid issues at the next US port of entry.

We hope this article ha

F1 Visa Process

http://www.visapro.com/student-visas/f1-visa/f1-visa-process/

Applying For The F1 Visa

The first step is to obtain from the school or academic institution the USCIS Form I-20A-B entitled Certificate of Eligibility for Nonimmigrant F1 Student Status. Schools and academic institutions, which have received USCIS approval to enroll foreign students under F1 student visa, have the authority to issue these forms.

Note: A F1 student visa cannot be processed without USCIS Form I-20A-B.

Your F1 student visa documents checklist include:

A. DOS Form DS-160, Nonimmigrant Visa Application

B. DOS Form DS-158, Contact Information and Work History for Nonimmigrant Visa Applicant

C. A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page

D. Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member

E. Financial evidence that shows you or your parents who are sponsoring you have sufficient funds to cover your tuition and living expenses during the period of your intended study

F. For example, if you or your sponsor is a salaried employee, you may include income tax documents and original bank statements. If you or your sponsor owns a business, include business registration, licenses, etc., and tax documents, as well as original bank statements

G. Transcripts and diplomas from previous institutions attended

H. Scores from standardized tests required by the educational institution such as the TOEFL, SAT, GRE or GMAT

I. Documents demonstrating your intent to depart from the U.S. upon completion of studies

F2 Visa

http://www.visapro.com/family-visas/f2-visa/faq2/

Frequently Asked Questions & Answers

1. What is F-2 dependent visa?

The F-2 dependent visa is a nonimmigrant visa which allows dependent spouses and children(unmarried, under 21 years old) of F-1 student visa holders to enter into the U.S.

________________________________________

2. What privileges do I enjoy on F2 visa?

On F2 visa, you may:

1. Enter the U.S. along with your spouse or join him or her later

2. Travel in and out of the U.S. or remain in the U.S. continuously as long as you maintain valid F-2 status

OR

CHECK MY ELIGIBILITY

3. How long can I stay in the U.S. on F-2 visa?

You may stay in the U.S. as long as the principal F-1 visa holder maintains valid status. You lose your status once the principal applicant loses F-1 status.

________________________________________

4. Can I work on F-2 visa?

No, you may not take up paid employment while in the U.S. on F-2 visa.

________________________________________

5. Can I study on F-2 visa?

As an F-2 spouse you may not engage in full time study and F-2 child may only engage in full time elementary or secondary school (kindergarten through twelfth grade) study. F-2 spouse or child may engage in a study that is avocational or recreational in nature.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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