• Adoption

Hi,

I am going to get married and I would like to adopt my wife first marriage kid who is four. His father is no more.
I want to change his initials and father's name in birth certificate if possible.
I also have to apply for his passport and can I have my name in father's name column.
Is it possible to change his community certificate 
Kindly help me to clear my doubts. Also please mention the section number which will help me to proceed further.

Thanks in advance

Senthil
Asked 7 years ago in Family Law
Religion: Hindu

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19 Answers

Hi Senthil,

 

1) You have to follow adoption procedure and than you can apply for his passport.

 

2) His birth certificate name can't be change i.e. history won't be changed, you change his name from current date onwards by way of applying adoption procedure.

 

3) His community certificate can be changed automatically when you back his father. same way past can't be changed.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See the step parent can adopt a child under CARA guildines, though change in birth certificate is not possible but other documents can be changed after adoption.

See you need a stable marriage of 2 year to apply for adoption under CARA .

For procedure you can check below link 

http://cara.nic.in/Parents/Eg_step_parents.html

 

Further name.change can be done through Affidavit and gazette.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

The child’s biological father’s consent is very important for the adoption process to happen smoothly. Here, there canbe two situations: if your wife’s first husband has passed away, then consent is not an issue at all as your wife becomes the natural guardian. But if he is alive, he will be required to give his consent in the form of an affidavit or this clause should be mentioned in the consent terms signed at the time of divorce.
Once that is done, you will be required to approach a lawyer who will draft an ‘adoption deed.’ With the lawyer’s help, the deed can then be registered in the registrar’s office closest to your home. Please do not forget to include marriage proof and your respective photo ID proofs.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Grand father has liberty to sell his property 

 


Grand father has liberty to sell his property 

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Deed of adoption has to be executed by his biological mother to give. Hike in adoption to you 

 

2) deed of adoption should be duly registered 

 

3) then only apply for his passport which would reflect your name as father 

 

4) on basis of deed of adoption you can then apply to add your name in bir5 certificate as his father 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

Grand son has no share in grand father self acquired property during grand father lifetime

 

2) his consent is not required for sale of property 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

You don’t have to wait for period of2 years for adoption 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

Yes for a legal adoption through CARA stable.arrisge for two years is required though in the rules there is provision the commissioner can waive of this condition on request. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

father's name in birth certificate cannot be replaced with that of the adoptee father without an order from the Court. Contact a local lawyer and get the needful done through him.

Mohammed Mujeeb
Advocate, Hyderabad
19349 Answers
32 Consultations

The law in India states as follows: Eligibility criteria for prospective adoptive parents The prospective adoptive parents shall be physically, mentally and emotionally stable, financially capable and shall not have any life threatening medical condition. Any prospective adoptive parents, irrespective of his marital status and whether or not he has biological son or daughter, can adopt a child subject to following, namely:- the consent of both the spouses for the adoption shall be required, in case of a married couple; a single female can adopt a child of any gender; a single male shall not be eligible to adopt a girl child; No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship. The age of prospective adoptive parents, as on the date of registration, shall be counted for deciding the eligibility and the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under:- Age of the child 1. Maximum composite age of prospective adoptive parents (couple) 2. Maximum age of single prospective adoptive parent Child age Upto 4 years 90 years(1.) 45 years(2.) Child age Above 4 and upto 8 years 100 years(1.) 50 years(2.) Child age Above 8 and upto 18 years 110 years(1.) 55 years(2.) In case of couple, the composite age of the prospective adoptive parents shall be counted. The minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five years. The age criteria for prospective adoptive parents shall not be applicable in case of relative adoptions and adoption by step-parent. Couples with three or more children shall not be considered for adoption except in case of special need children as defined in sub-regulation (21) of regulation 2, hard to place children as mentioned in regulation 50 and in case of relative adoption and adoption by step-parent.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

  1. As per the information mentioned in the present query, makes it clear you want to legally adopt your wife child (from first marriage) so that you will be able to provide your name as a father to her child.
  2. First, the stepchild's other biological parent must consent to the adoption and relinquish his or her parental rights (But here he is no more now) which is done by signing an "Adoption Surrender" in the presence of two witnesses and a notary public.
  3. Then, you must file a "Petition for Adoption" along with any supporting documents (including his death certificate’s copy) before the civil court of law.
  4. Lastly, if the stepchild is older than 12 years of age, she or he must agree to the adoption.
  5. Here, he needs to give his consent as he is just 4 years old.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

We can have a detail conversation over phone, if wish to, as I would be happy to help you in drafting the legal documents for the same...!

And thanks for the ratings over Kaanoon.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You can do it by executing the adoption deed and filing the same before court.

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

1. in the birth certificate the detail can not be changed as the birth certificate always carries the detail of biological father. 

You may connect with the help line center of CARA who may help you in the process of adoptin

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

NOC from the grand father will be required. 

As advised connect with CARA, they will help you out 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

In Birth certificate, biological father name will shown, and after adoption, your name will  show in documents which will made after adoption.

After adoption, no right in father`s property.

Do I have to wait for 2 years after marriage fir adoption --- who said ? 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Your wife can give her child of first marriage in adoption to you by a registered adoption deed and the same may be declared by  a court of law as valid adoption.

after this you can apply for change of father name in the birth register and also can apply for change of father name in the passport etc on the basis of the adoption deed.

T Kalaiselvan
Advocate, Vellore
90089 Answers
2502 Consultations

Biological paternal grandfather has nothing to do with the adoption of this child. However after the adoption the child loses its rights in his father's proeprty.

 

T Kalaiselvan
Advocate, Vellore
90089 Answers
2502 Consultations

Adoption can be done immediately after your marriage with your spouse.

T Kalaiselvan
Advocate, Vellore
90089 Answers
2502 Consultations

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