Step father name cannot be written in place of biological father
2) Muslim law does not permit adoption
Legal name status of minor Muslim girl whose divorcee mother marries another person(male)
A divorcee mother of five year old minor Muslim girl(the girl born out of first marriage) marries another Muslim person. The birth certificate of the girl bears name of her biological mother and father. The present husband of the lady & lady wants to write name of step father of the girl in place of biological father on admission documents in school without producing / having deed of adoption, citing that it is permitted under Muslim Personal Law. Is it really/legally permitted so ? please clarify.
Asked 5 years ago in Family Law
Religion: Hindu
15 Answers
The name of the birth certificate will bear only the name of biological father and none else.
Now the step father can nevertheless adopt the child and after adoption can give the child identity of him as his father alone.
In such case though the consent of biological father is sine qua non.
Do accordingly.
Not without due adoption. And in BC certificate also name may replace only after valid adoption.
So is the document of ' Adoption Deed ' essentially required even if parents & girl involved are Muslim by religion?
Asked 5 years ago
Yes. Supreme court has allowed adoption among Muslims alsi. However in this consent of biological father is mandatory.
Dear Sir/Madam,
it is permissible under the Muslim Personal Law and hence, the bare certificate of marriage will solve the purpose.
Muslim personal law does not permit adoption
hence adoption deed cannot be executed and registered
Adoption is restricted in islam. But now law in India have permitted adoption in muslims. It is possible under juveline justice act.
Islam does not recognise adoption. It has nothing similar to that what is laid out in Hindu law. The only thing that Muslim law recognises is ‘Acknowledgment of Paternity’. It is the principle which establishes legitimacy of the child. Where a Muslim acknowledges a child to be his legitimate child, the paternity of that child is established upon him. It cannot be availed of to legitimise a child known to be illegitimate.
However recently, the Supreme Court in a landmark judgment extended the right of adoption to Muslims also. In the Case titled as Shabnam Hashmi v Union of India, (2014) 4 SCC 1, the Supreme Court declared that the right to adopt a child by a person as per the provisions of Juvenile Justice Act would prevail over all personal laws and religious codes in the country. The Three judge bench consisting of Chief Justice P. Sathasivam and Justices Ranjan Gogoi and Shiv Kirti Singh however maintained that personal laws would continue to govern any person who chooses to submit himself until such time that the vision of a uniform civil code is achieved.
The Juvenile Justice Act, 2002 defines adoption in Section 2(aa). It confers upon the adoptive parents and the child all rights, privileges and responsibilities that are attached to a normal parent child relationship.
You can change her name through Gazette notification any time.
1. Islam prohibits adoption.
2. However in 2014, the Hon'ble Supreme Court has ruled that the Islamic Personal Law prohibition against adoption can't bar a Muslim from adopting a child under the Juvenile Justice Act.
Yes adoption deed is required.
- As per Supreme Court, Father’s name not needed for birth certificate, passport and school purposes, and it is no longer necessary to state the name of the father in applications seeking admission of children to school, as well as for obtaining a passport for a minor child.
- Further, direct that if a single parent/unwed mother applies for the issuance of a Birth Certificate for a child born from her womb, the Authorities concerned may only require her to furnish an affidavit to this effect, and must not refuse for taking admission on this ground.
- Further as per Section 5 of right to education act. School cannot refuse to take admission of any child on any ground.
- Further , Adoption is prohibited in Islam since there is a possibility of sexual relations between an adopted son and mother or an adopted son with a biological daughter.
Adoption is not a legal term known as per Muslim personal law.
The Muslim personal law does not acknowledge adoption.
A child can be taken into foster care but he does not get the right of a natural rather legitimate biological child.
She or he cannot inherit the property of his adoptive parents although the adoptive parents can give gift it to him.
The change of father name in the birth certificate is not permitted, it would be illegal if they are managing to change the name of the biological father in the birth certificate.
Adoption of minor child cannot be done as per Muslim personal law.
In the Case titled as Shabnam Hashmi v Union of India, (2014) 4 SCC 1, the Supreme Court declared that the right to adopt a child by a person as per the provisions of Juvenile Justice Act would prevail over all personal laws and religious codes in the country.
Thus if the adoption takes place as per Juvenile Justice Act, then the same can be legally valid.
Yes.
