• Divorced and 100% custody of my daughter and remarried. Change daughter's mother name to wife name

I am Divorced in 2017 and have a daughter age 11 from my previous marriage. I have 100% custody of my daughter with no visiting rights with her Biological Mother. I got remarried in 2019 and Can i Change my Daughter's Mother name to my new wife's name. Both my Daughter and my wife have a healthy relationship. Please advise.
Asked 7 years ago in Family Law
Religion: Hindu

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13 Answers

See there can be step parent adoption through CARA after that your wife can be legally mother of your child from first marriage.

For CARA step parent adoption the stable marriage of 2 years is required further more the guildelines and procedure is mentioned in below given link.

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

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) you cannot change the mother name of your daughter to your second wife name 

 

2) there should be giving and taking ceremony 

 

3) ask your first  wife as biological mother  to execute deed of adoption to give child in adoption to second wife 

 

 

Ajay Sethi
Advocate, Mumbai
99931 Answers
8157 Consultations

Dear Client,

Without adoption deed, not possible. If court has granted you absolute custody and declared you legal guardian and in court order, mother herself has declare seize of any connection with daughter than her consent is not required in adoption deed. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes if the mother is agreed then there is no issue. Being custody is with you, you can do so.

Prashant Nayak
Advocate, Mumbai
34630 Answers
249 Consultations

You cannot change biological mother name of your daughter, with the consent of both biological parents your second wife can legally adopt your daughter.

Mohammed Mujeeb
Advocate, Hyderabad
19359 Answers
32 Consultations

Dear  Sir,

 

- You shall require the mother consent and further file adoption petition.

- Court has given the custody rights and can not debarred the mother from being your daughter biological mother.

- Advisable to request the mother to execute the adoption deed.

- Connect with local lawyer to help you for step-wise process.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Dear sir,

You have to follow the procedure for adoption for getting mother's name impleaded

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

See as advised above the name can be updated once the step parent adoption is completed and she your second wife hold legal status of same 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

Get written NOC from your ex-wife or get the daughter adopted by yourself and your present wife by getting adoption deed from ex-wife.  The biological mother may make issue if you put the name of your present wife as mother of the child without the consent of your ex wife.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1) Your new wife has to obtain adoption procedure towards your daughter. Means she can adopt the girl child as per Hindu Adoptions and Maintenance Act, 1956

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

  1. As per the information mentioned in the presnet query, makes it clear that you are married now, and wish to change the name of the mother of your daughter on every documents of her.
  2. For that your presnet wife would have to adopt your daughter legally after filing an application before the civil court of law with all the necessary documents like marriage certificate etc.
  3. Generaly, there has been a concept of getting the NOC from the biological mother, but as it has specifically mentioned in the court order about your 100 percent right over your doughter, you would not be needed that.
  4. Once you get the court order of legally adoption by your present wife then you can get everything ( mother’s name specifically) changed on her documents.

Rest, you can contact me for availing my services if like my answer, I would love to proceed as per legal procedure on your behalf before the civil court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Daughter's mother name cannot be replaced from her biological mother's name to the step mother's name.

Since there is no question of adoption of your daughter by your second wife, there is no provision in law for change of mother's name in any records without a registered  adoption deed.

 

T Kalaiselvan
Advocate, Vellore
90132 Answers
2503 Consultations

The relationship between a mother and the child cannot be divorced nor it can be legally disowned. It is a natural relationship.

Since there is no provision in law for any such change as desired by you, you cannot do anything about it.

 

T Kalaiselvan
Advocate, Vellore
90132 Answers
2503 Consultations

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