• Birth Certificate: Replacing Biological father name with step father name.

Hello all,
Hope you guys are doing safe & Sound.

Please advise me on this specific case. Your time & Valuable responses are highly appreciated.
Thanks in Advance.

Case:
[All Hindu Family] -Madurai-Tamilnadu-India

I'm a 24yr old[1997] Indian (Son in this below story) currently living in France ( Came 3 years ago) at the moment need my proper BC for further immigration reasons.

I was born to my Bio-mom @1997 due to wedlock. after which when I was 6 months old my mom's first legal marriage was dissolved with Divorce from Chennai court order due to personal reasons appointing my mom as legal guardian etc. after which I or my mom don't have any connection with my Bio-father.

Then a second legal marriage happened when I was 10 years old to my mom with my current step-dad [also a divorcee before his second marriage with my mother. My step-dad has no child at all in his previous wedlock] 

Then an adoption deed was registered ( when I was 18 years old. registered late as we don't know proper documents procedures before ) between my bio-mom & my stepfather thus making him my legal father.

after which the procedures of Gazette, Newspapers were done & then all my school records, Aadhar card, Voter ID, my Passport ... everything has my bio-mother & step dad's name except my Birth certificate.

I would like to replace my Bio-Dad name with my stepdad's name in my BC. but Madurai corporation is denying that it's not possible.

Please advise me on this. how to achieve this? Since I'm abroad I absolutely need my stepdad's name in my BC. My bio-dad has no legal control over anyone in my family plus I don't want his name following me along. Then it will be the same as my existing Passport which makes my life abroad easier for future immigration.
Asked 7 days ago in Family Law
Religion: Hindu

9 answers received in 1 day.

Lawyers are available now to answer your questions.

12 Answers

Deed of adoption is not valid as you were adopted when you were 18 years old 

for valid adoption child should not be more than 15 years of age unless there is custom to that effect in your community

 

further consent of biological father is must for valid adoption 

 

your biological father name would not be replaced  on your birth certificate 

 

you can take legal proceedings to direct registrar of birth muncipal corporation to replace your father name but chances of success are bleak 

Ajay Sethi
Advocate, Mumbai
84381 Answers
5530 Consultations

5.0 on 5.0

There is no way by which the name of the biological father can be replaced in a person's birth certificate. For the purpose of passport, an affidavit explaining the facts should serve the purpose.

Swaminathan Neelakantan
Advocate, Coimbatore
1018 Answers
17 Consultations

4.9 on 5.0

- As per the Hindu law following child may be adopted :

1. He/ She has not been adopted before. 2. The age of the child is below 15 years.3.The child should not be married.

- Hence, now it is not possible for you to be adopted by the Stepdad and due to why his name cannot be considered as the legal guardian in your BC.

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

Once your step father has legally adopted you by a registered adoption deed, you will become his adopted child.

The registered adoption deed is the evidence to prove your father's name i.e., from biological to adoptive father.

If the Madurai Corporation authorities do not entertain your application to change the name in the register for births and  deaths, you may ask them to give it in writing with the reasons for rejecting your application after which you can approach court with a suit for declaration to declare your adoption as valid and to direct the concerned authorities to change the name of your father in the register for births and deaths. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

The birth certificate is the important document where your father's name is to be replaced with your adoptive father's name to that of the biological father's name.

If the registrar for births and deaths/commissioner of the Corporation declines to accept your application for making the changes on the basis of the registered adoption deed, you may have to follow the procedure as suggested in my previous post i.e., to file a suit for declaration to declare your adoptive's father as legally valid as per the registered adoption deed as well as to direct the registrar for births and deaths/commissioner of the Corporation to amend the register for births accordingly on the basis of the orders passed by the court.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

File writ petition in HC to direct authorities to add your step father name in birth certificate as adoptive father 

 

biological father in birth certificate cannot be replaced 

Ajay Sethi
Advocate, Mumbai
84381 Answers
5530 Consultations

5.0 on 5.0

Again, to reiterate, the name of your biological father cannot be changed in your birth certificate, unfortunately.

Swaminathan Neelakantan
Advocate, Coimbatore
1018 Answers
17 Consultations

4.9 on 5.0

- If you have any document which is showing step dads  name , then you can apply before the registrar for replacing the same in the birth certificate 

- Further if denied , then you can file a declaration suit for declaring the adoptive father as the legal guardian.

- Further, the said court order is sufficient for replacing the name in the birth certificate .

- Further , as you are outside India, then give POA to any relative for filing the suit in India. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

Dear Client,

in order to change the name of your father you need to file a birth certificate update/ correction form from municipal corporation office and submit a signed affidavit from local notary with the form.

Thank You.

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

You can change the same now for above reason it's only changed for error on it

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

1. You can not change your biological father's name. It is constant.

 

2. You can change your father's name through a registered adoption deed which probably your mother has arranged before. (adoption deed requires written consent of biological father).

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

1. You can not replace your biological father whose name has been registered in your Birth Certificate.

 

2. Your registered adoption deed will certify that you have been adopted by your step father who is now your local guardian.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

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