• I am a single parent to a daughter who is in class 6. Legally I have been divorced in April 2017.

I am a single parent yo a 12 year old daughter I was legally divorced in April 2017 but we have not been staying together ever since my daughter was born.
I am the one taking care of my daughter sponsoring her education and doing every bit for her in my capacity.
It is very hurtful when on the documents I see the father's name who has done just nothing for her .
1. Can i not add my name instead of the father's name?
2. For an instance I if remarry can the second husband's name be regarded as a father's name for my daughter ?
3. Or please suggest some alternative in which I can do by not using the father's name in her documents, as it can also hamper my relationship with my second husband, if he is raising my daughter he would never like the name if her biological father in all her important documents..
Expecting a desirable answer to these question
Asked 7 years ago in Family Law
Religion: Hindu

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16 Answers

1. The old records can not be changed but from now on you can very well mention your name in stead of her father. Even passport does not require name off father even if parents are not divorced.

2. No, this can not be done unless he adopts the child with the consent of your ex husband.

3. You can start mentioning only your name in all her records as mentioning name of father is no more compulsory even in school admissions . But you can not mention name of your second husband as the father of your child without a valid adoption.

Payment of alimony has nothing to do in this matter.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You need the biological father consent to give child in adoption to your second husband

2) only after deed of adoption is executed would step father name be reflected in your daughter birth certificate and other documents

3) in states like Maharashtra the mother name is reflected in her educational records

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your ex husband has paid you alimony in full and final settlement of your claim

Further money has been paid for child maintenance

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The second husband needs to adopt your child under Guardians and Wards Act, the biological father will have to issue a no objection certificate stating that he is ready to quit and hand over to the second father the child. This is the only legal process.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1. Yes you can add your name if there is custody order in your favour.

2. If you remarry you can give daughter in adoption to second husband and his name can be included.

3. Mam if you remarry second husband name can be added in her documents.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If there is full and final settlement and chidl custody is with you, you can in all documents write the mother's name even in passport and if you remarry adoption can be done through deed and second husnand name.can be written.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear client,

If once biological father name is inserted in all concerned documents it can be erased in some general course. Is he by her second father or his present father?

If yes, then he can published name change saying 'I have changed my name and father name due to adoption' in his state governament official gazette. Using gazetted copy he can changed his surname and father's name to second father name in Pan Card and Aadhaar card.

Even on basis of this he can request to passport authorities to change his biological father's name.

Better learn to give correct feedback

Koushalya Pattan
Advocate, Bangalore
174 Answers

Dear Madam,

In a scenario where parents have divorced and mother has contracted a second marriage the name of the biological father in the birth certificate can be changed by filing an application for adoption in the appropriate court with the NOC of the biological father, copy of the original birth certificate , Affidavits of both mother and the adoptive father and other documentary proof of the 2nd marriage(marriage certificate etc).

NOC would be required even if the mother has full and legal custody of the child.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. You can not add your name in place of the father name. From now on you may just leave blank the space against the father name being the single parent.

2. If the new husband adopts the child then only his name can be added as the father.

3. Alimony payment has no relation to this. start mentioning your name in all the documents.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

As advised you may go ahead and just use your name in all the documents and not mention anything against the father's name column.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

A parent must first obtain a petition from the court to remove a father's name on a child's birth certificate. The reason for the court order is that the legal system wants to make sure that there are grounds for the removal. When petitioning for the court order, the petitioner must prove paternity.

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Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The biological father's name of a legitimate child cannot be removed from her records. It is only possible in case of single parents with the name of the father is not known are not to be declared in your case in case you are going to marry and your husband can adopt a child in that case you need NOC from your husband who is divorced to give the child in adoption.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Cleint,

You can seek absolute custody of child on the ground that husband deserted her since her birth. Than his name shall be deleted from records and if you remarry than can give daughter in adoption to new husband and on the basis of it, his name will replace from biological father.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. You can very well add your name instead of his name but on what documents do you want to add it.?

If you want to change the name in the birth certificate then you may have to get a child custody order ion your favor by filing a child custody case.

2. No, until he has not legally adopted the child by a registered adoption deed, his name cannot be replaced as her father's name.

3. You can go for a change of name by which you can change the name of her father, but that will not solve the purpose to change her father's name ion all the documents.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

We have been payed 10 lax as a full and final payment for me and my daughter.

My ex husband is remarried now.

You can ask for child custody to your name after which you can apply for removing of his name in the birth certificate with your name alone remaining in it..

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1 yes, you can mention your name from now but in old records name cannot be changed

2.This can only be done if he adopts the child with consent of your ex husband

3.mentioning father's name is no more compulsory, you can start mentioning your name.

Without valid adoption you cannot use your second husband's name as father of child

Payment of alimony has nothing to do in this matter.

Dimple Jain
Advocate, Jodhpur
222 Answers

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