I lost my first wife to Breast Cancer when we had two daughters of age 7yrs and 2yrs. Elders in the family suggested for second marriage and fortunately my first wife's younger sister is now my wife and has been a great mother for my children too. We are married since more than 2 years now and we have registered our marriage legally with registrar. As I know the children will continue to have my first wife's name in their school records and government IDs like Passport and Aadhaar as Mother's name and that is absolutely the right thing to have biological mother's name in all the records. However, we wanted to make sure that my daughters have legal relationship with my second wife too and they should be the legal heirs/successors of both me and my second wife in the future for all the aspects. Legal adoption is a procedure to establish relationship between my second wife with my children but in this case what will be the relationship of my second wife to my children? Legal Guardian or Mother or something else? After legal adoption process, what would be the name of mother in all the documents and school records? Can it be any one by choice or should it be biological mother or legal mother in compulsion? If we retain my first wife's name as mother's name in Passport and Aadhaar and use second wife's name in school records or any other documents going forward as mother, is that correct? As of now, I am the nominee for any bank accounts or insurance or any other documents for my second wife and the relationship is Husband. But if in the future when I am no more, my daghters will become nominee for everything of my second wife. In this case will the relationship be mentioned as Daughter/mother in the nominee details or anything else like "Other" as the relationship? Thinking beyond the present, after I am no more, if there are any properties or assets or insurance or bank balance or any benefits that are not having nominee mentioned or if there is no proper Will written, how can my daughters be the successors or legal heirs of my second wife too as they are not biological successors of my second wife? Anything else I should take care given the situation I am?
You married after the death of your wife. She is your wife and if she adopts the children the children will become hers. The law stipulates that after adoption the children are deemed to have been the children of the parents adopting the child severing all contact with the previous parents.
Therefore all property and everything shall devolve upon your children and your wife's too as she will become their mother.
Regards
There should be giving and taking ceremony of giving child in adoption to your second wife
2) she would be her adoptive mother
3) adoptive mother name can be added in school records and other documents based on deed of adoption executed by you
4) don’t keep 2 names in her records . It would create lot of problems
5) name in passport , Aadhar should be same in school records
6) nominee is only trustee for legal heirs
7) better option is for you and your wife to execute will bequeathing your properties
Dear Sir,
The following information may kindly be read:
"Indian citizens who are Hindus, Jains, Sikhs, or Buddhists are allowed to formally adopt a child. The adoption is under the Hindu Adoption and Maintenance Act of 1956. Under this act, a single parent or married couple are not permitted to adopt more than one child of the same sex. Foreign citizens, NRIs, and those Indian nationals who are Muslims, Parsis, Christians or Jews are subject to the Guardian and Wards Act of 1890. Under this act, the adoptive parent is only the guardian of the child until she reaches 18 years of age.
The Prospective Adoptive Parents (PAPs) should produce following original documents along with two copies on which self attestation is done for undergoing a legal adoption procedure.
1) Any of the following documents as Identity Proof – Pan Card/Passport/Voter Card/Driving License.
2) Address Proof - for example, any of the documents like Ration Card/Aadhar Card/ Electricity Bill etc.
3) Certificate of Marriage
4) The Prospective Adoptive Parents should obtain a Health Certificate from a registered medical practitioner stating that they are not coping with any incurable or contagious diseases or any mental or physical condition due to which they would prove incompetent to take care of the adopted child.
5) A Family Photograph.
6) Recently clicked Photographs of the Adoptive Family (three photographs of postcard size).
7) The self-employed Prospective Adoptive Parents need to furnish an IT Statement for the preceding three years. They have to provide an Income Certificate in case if they are employed in any organisation from that particular organisation along with the date of superannuation.
8) Two Letters of Recommendation are required to be furnished by Prospective Adoptive Parents. These letters of recommendation should be from the persons who are well acquainted with adoptive family and who are not the immediate relatives of any of the any of the Prospective Adoptive Parents.
9) Prospective Adoptive Parents also need submit Financial Statement which should include bank statements for preceding six months, particulars of loans taken and complete details of the moveable and immovable properties owned by them.
10) In case of previous adoption the Prospective Adoptive Parents have to furnish Adoption Decree.
11) If Prospective Adoptive Parents already have a biological or adopted children or child whose age is more than 7 years, they need to take Written Consent from such children or child.
12) Single Prospective Adoptive parents need to provide a Letter From a Close Relative stating that the relative would take care of child in case if any unforeseen circumstances take place.
13) In case of Divorcees (Single Prospective Adoptive Parent), Divorce or Legal Separation Decree needs to be submitted."
Hi,
It is informed that after adoption, the name of biological parents have to be changed in the name of the adoptive parents and you may not be able to use the name of your first wife in children documents or both the names in different documents. After adoption, the second mother will get the same status as of first mother. You are suggested not to have different names in different documents because it may create hindrance for children in later life.
At the present stage, it is suggested that your issues are more emotional in nature and you are really blessed to be a good father and with good and supporting wife. In the interest of all and to remove all the issues of future, you are suggested to go for valid adoption by your second wife through CARA and get everything documented well for the safety of future of children.
After reading all facts and figures of your all questions below are points you can consider
1) If you are no more than your concern is whether there will be any bonding between your 2nd wife and daughters like mother or not ? so for this you can have adoption procedure and make her a legal mother of your daughters this is the best option and answer to all questions. for present and future, because any how their biological mother is not going to come to sign any papers and already whatsoever was on her name that would have got transferred on yours and daughters name.
2) So get adoption procedure done and submit in school, pan, aaddhar, bank, insurance submit their legal relationship as mother and daughter. one of the your question was what is their current relation - its like a guardian, as a aunty (mother's sister).
Thanks everyone for the responses so far. They are really helpful! Based on this, I understand that I should go for legal adoption procedure. This will be for my wife to adopt both my daughters and I should be giving a consent and since my first wife (biological mother) is no more, my consent should be enough for the process. In this case the children will continue to have me as their father and my second wife will become adoptive mother and her name appears as mother in all the documents going forward. Q1: Can both my daughters be adopted by my second wife as one of the responses that I got was an extract of adoption law that says "Under Hindu Adoption and Maintenance Act of 1956, a single parent or married couple are not permitted to adopt more than one child of the same sex". Is this not a valid point in my case? Q2: After the legal procedure of adoption, is it compulsory and mandatory for me to update all the documents i.e., Passport, Aadhaar, etc., or is it optional and just having the adoption papers would be enough for any formalities in the future? I understood I cannot use first wife's name in some and second wife's name in other documents but is it ok to continue using first wife's name as mother in all the documents even going forward after legal adoption and will the adoption paper be useful only for any future needs in case any need of establishing legal relationship between my children and my second wife? Note: There is no doubt that my second wife is a good mother for my children as she is not anybody outsider but my first wife's younger sister who was attached to my children very closely even before all these changes. I am sure she would be the best mother after my first wife for my children and there is no doubt about this. All I am doing is for legal formalities only and nothing on need basis as of now.
1) your second wife cannot adopt more than one daughter
2) it is advisable to change name in all documents after adoption
Best way you go for legal adoption procedure and can have second daughter as adoption. take the example of Heroine - Sushmita Sen and Raveena Tandon.
For your problems the solution shall be that your second wife can adopt your daughters by a registered adoption deed.
Till now she is the step mother to your children hence it will be legally incorrect to have her name as their mother in the school records or any other records.
After legal adoption they will become the legal heirs of your second wife too.
Before that they will remain as your succesors alone.
You may consult a local advocate and proceed as suggested.
1. You are right that she can adopt only one child of the same gender.
Since adoption of an adult is not possible, let she adopt the younger daughter. The elder daughter will become an adult soon hence she may not require the adoptive mother care once she's an adult.
2. After legal adoption is completed it would be better to have the adoptive mother's name in all the records of adopted child.
The child should not suffer from any infirmity at a later stage due to this lacuna.
When you are able to make things right at this stage you may better get things straight now itself.
1. Yes. It has exception as per court ruling.
2. Yes.
Dear Sir
As regards your children, since the mother is dead, your second wife does not need any seperate adoption deed; even though she will always remain the step mother of your children.
But you can go for legal adoption process to get your second wife name reflect as mother name in all the documents of your daughters.
With that adoption deed you can change the name on all the documents such as school Certificate passport Adhaar card etc.
After Adoption, biological mother ties will cease and she will be actual mother. If you will give them in adoption than your ties will also cease. Better surrender them under CARA and than adopt both children as couple. Apply to the Child Welfare Committee.
After adoption except in birth certificate and academics documents having mother name prior to her death will be same, and future education documents and all official documents will change by her name.
