See firstly child above age of 15 year cannot be adopted under hindu law of no tradition or custom related to same in the area or community is there. Further yes consent is required if no specific clause of same.

Dear client, 

Consent not required. As he himself disown child in court order. And your child cannot be given in adoption without your consent.

Dear Sir,

Yes. In all stepparent adoptions, the consent of the other birth parent is required. If that other birth parent's parental rights have been terminated then that birth parent'sconsent is not required.

Adoption Procedure for Step Parents - http://cara.nic.in/Parents/Eg_step_parents.html

1. Adoption by step-parent:

The couple (step-parent and one of the biological parents) shall register in Child Adoption Resource Information and Guidance System with the required documents as mentioned in Schedule VI.

Consent of the biological parent(s) and the step-parent adopting the child or children shall be as provided in the Schedule XX (refer instructions in Schedule XX).

In case the custody of the child is under litigation, the adoption process shall be initiated only after the finalisation of the case by the court concerned.

The biological parent and the step-parent shall file an application in the Family Court or District Court or City Civil Court as the case may be, as per format given at Schedule XXXII.

The applicants shall obtain a certified copy of the adoption order from the court concerned and furnish a copy of the same online to the Authority through Child Adoption Resource Information and Guidance System.

1. Legal Procedure:

The prospective adoptive parents, who intend to adopt the child of a relative as defined in sub-section (52) of section 2 of the Act, shall file an application in the competent court under sub-section 2 of section 56 or sub section (1) of section 60 of the Act in case of in-country relative adoption or inter-country relative adoption, respectively, alongwith a consent letter of the biological parents as provided in Schedule XIX and all other documents as provided in Schedule VI.

The biological parent and the step-parent, who intend to adopt the child or children of the biological parent, shall file the adoption application as provided in Schedule XXXII, in the court concerned of the district where they reside, along with consent letter of the biological parents and the step-parent adopting the child or children, as provided in the Schedule XX and all other documents as provided in Schedule VI.

The prospective adoptive parents, in case of inter-country relative adoption, shall file the adoption application in the court concerned of the district, where the child resides with biological parents or guardians as provided in Schedule XXXI.

The prospective adoptive parents shall file an application in Family Court or District Court or City Civil Court, as the case may be.

Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61 of the Act, and regulations 51 to 56, as the case may be.

The prospective adoptive parents shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the District Child Protection Unit for online submission to the Authority.

You can file for visitation of your son against the mother.

You cannot adopt your second wife daughter as she is 17 years old 

2) for valid adoption daughter should not be more than 15 years of age 

3) further there should be giving and taking ceremony 

4) deed of adoption has to be executed by biological parents to give child in adoption 

Only a child under 18 years of age (15 years, if it is Hindu Adoption Act) can be legally adopted in India. There is an eligibility criteria for prospective adoptive parents as well.

1) if wife has failed to comply with court orders of visitation rights take out contempt of court proceedings against wife 

2) your consent is necessary to change son name 

Yes you can make him a party for the said case of adoption. If he objects also you can go ahead with the adoption as there will be mother's consent.

Dear Sir,

Name of the father of a child cannot be changed in any records unless there is adoption deed. Now Supreme Court allowed adoption from ex-parents if other conditions are satisfied to adopt a child as per following judgment.

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Adoption by Step-Parent was not possible in India until now. In its most recent guidelines, CARA has now permitted the same. Please go through the 2017 Adoptions Regulations w.e.f. Jan 16, 2017 - allowing step parents to legally adopt the child from of their partner (from a previous marriage)

Adoptions Regulations 2017 – Ready Reckoner

MINISTRY OF WOMEN AND CHILD DEVELOPMENT has notified the Adoption Regulations 2017 as framed by the Central Adoption Resource Authority. These guidelines come into force w.e.f. Jan 16, 2017.

The 2017 regulations are path breaking in terms of addressing the need for in-family adoptions, post adoption support, child centric provisions, category for immediate placements, flexibilities by way of relaxation committee, extended validity of home study report, equitable referral of children, time limit on courts for disposing adoption deeds, consolidation of seniority list, facilitating root search even by children below 18 years of age to name a few.

The salient features of these guidelines are:

• A Fundamental Principle relating to all adoptions to be registered on Child Adoption Resource Information and Guidance System (CARINGS) has been included to ensure that all adoptions, including In-Family and Relative adoptions are registered with CARA.
• The scope of children available for adoption has been expanded to include a child of a relative and step-children
• The age criteria for prospective adoptive parents has been relaxed for relative / in-family adoptions and adoption by step-parent.
• The limit on eligibility for adoption has been reduced from 4 children to 3 children. Therefore, couples with three or more children shall not be considered for adoption except in case of special need children, hard to place children as mentioned in regulations and for relative adoption and adoption by step-parent.
• Home Study Report emphasizes the preparedness of the parents and their ability to support a child in adoption – beyond their immediate need
• DCPU has been allowed time limit of 3 working days to place advertisement / notification for tracing the parents/guardians in case of child received in adoption – earlier the same was 72 hours.
• Parents can indicate their preference for the State from which they wish to adopt, at the time of registration, itself – which will determine their waitlist in that State, for their chosen preference for the gender and age combination of the child they wish to adopt. Parents can also indicate “All India” if they do not have any specific preference. The parents will be automatically registered for all the Specialized Adoption Agencies of the State or States they have opted for.
• The validity of the home study report has been extended to 3 years from 2 years.
• The number of children to be referred to parents based on their seniority has been reduced to three (from up to six, previously) – in one or more referrals.
• New terms related to Disruption, Dissolution and Habitual Residence have been included to address Post Adoption responses
• The validity of registration of parents has been extended from current period of two years to being valid until adoption is complete, with revalidation of the Home Study Report in every three years.
• In case of siblings or twins, the Specialized Adoption Agency shall file single application in the court.
• The court shall hold the adoption proceeding in-camera and dispose of the case within a period of two months from the date of filing of the adoption application by the Specialized Adoption Agency
• The adoptive parents shall not be asked in the adoption order to execute any bond or make investment in the name of the child, considering the fact that their psycho-social profile and financial status have already been ascertained from the Home Study Report and other supporting documents.
• Special provisions has been provided for to address post adoption scenarios relating to disruption or dissolution of adoption, safeguarding the interests of the child.
• The parents shall be referred children on the basis of a single seniority list as against separate seniority list provided for in erstwhile regulations for resident of overseas parents.
• Parents shall be allowed to change the State preference once within sixty days from the date of registration without losing their seniority
• Seniority of parents registered as single, but married later shall be counted from the date of registration as single after receipt of fresh Home Study Report.
• Parents registered for normal child, shall be able to adopt a special need child or children in Immediate Placement category with the same seniority
• Provision has been made for adoptees above eighteen years to apply for root search independently online while children below eighteen years can apply jointly with their adoptive parents to the Authority seeking facilitation of root search.
• The regulations provide for additional efforts for adoption of children, who are not getting any referral for long time
• Provisions have been made for adoption by relatives and step-children within new guidelines
• A Relaxation Committee has been provided for to facilitate decision making in extra ordinary circumstances of adoption, bearing the best interests of the child.

For adopting the child the consent of the biological father has to be obtained, in fact he only can give his daughter in adoption to the adoptive father.

Mere custody with the mother will not entitle her to give the child in adoption to her new husband until it is confirmed that the biological father of the child is dead.

Further please confirm that the child to be taken in adoption cannot be more than 16 years of age.

The adoption deed is to be done by a  registered document.

Only the father, mother or the guardian of a child can place the child for adoption. A child can only be adopted if he/she is Hindu, not previously adopted, not married and has not completed fifteen years of age. 

Whether your previous spouse has changed the father's name of the child of your first marriage is a question to be asked with her and not in this forum.

You only have to enquire the same through your sources.

1. As per the information mentioned in the present query, makes it clear that younwosh to adopt your presnet wife’s daughter legally.
2. Yes, you can do that and won’t be needing the consent of the biological father as decree of divorce talks about the full right of her future to your present wife.
3. And now after 10 years, her ex husband can’t even beg for the visiting rights andaso now she is going to be major, so one can’t even force her to make up her mind as to with whom she should reside or not.
4. And the case of your son, if you have visiting rights or asked for it and appealed agaisnt the same when was not allowed then you may have a right to be first asked for your consent for changing your son’s  name, otheriwse not.