• Child custody/adoption

I am currently a widower with a 8 year old son. I'm going to marry a widow who also has a son aged 12 years. After marriage registration, what is the legal process to be followed regarding custody or adoption of children? This is related to school admissions or any other paperwork to be done post marriage. Please guide me in this matter. Thanks
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) you cannot adopt the child without consent of biological father . since the father is dead mother can give child in adoption to you 



2) deed of adoption should be executed where mother gives child in adoption . adoption deed should be registered
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
Hi, as per law either of you can adopt son but problem in your case is that both of you have son so law will not allowed both of you to adopt son as you have already son.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Dear sir,

It is neither case of adoption nor custody.It is quiet simple case. After marriage you both became parents of your two sons. Regarding school admissions of your children it is option for both of you of retain the old surname or give new surname of your child. it is not a case to worry but a case to be happy....................
Shailendra M. Rajput
Advocate, Ahmedabad
11 Answers
0 Consultations
Not rated
yes to legally adopt you have to file an application under the guardianship act before the relevant court and after verifying the specifics the same is allowed by court
Tania Sharma
Advocate, New Delhi
11 Answers
0 Consultations
3.3 on 5.0
I may inform that for the purpose of admission the child need not be adopted.
 The biological parent alone can get the child admitted without assistance of spouse.
 However if you are still willing to adopt the child you can do so with the consent of biological father of the child.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
If you wish to adopt her son or she wishes to adopt your son a deed of adoption would have to be executed by the surviving biological parent of the child who is to be adopted. Nothing else is required to be done. Get the deed drafted by your lawyer.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Hi sir/madam, after the registration of your marriage, on the basis of the marriage certificate you have to give representation to the concerned schools of children for changing the names of father and mother in the column of school register (documents). If the school is refused for the same and the school issued a endorsement to you to bring court order in respect of the same, thereafter you have to engage a counsel for your side and to file case and get the court order to change the same in the school records of your children. Regarding adoption is not necessary because of automatically accepted the children as yours. If you want I will do it. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
After the marriage the status of both of you as husband and wife and step mom and step father .There is no need to adoption for school admissions. No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.

Under the section 11 of The Hindu Adoptions and Maintenance Act, 1956, in every adoption, the following conditions must be complied with :-
(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son’s son or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption.
(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son’s daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption.
(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted.
(iV) the same child may not be adopted simultaneously by two or more persons.
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family or its both (or in the case of an abandoned child or child whose parentage is not known, from the place or family where it has been brought up) tot he family of its adoption.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
The widow's child, if you intend to marry the widow, can be adopted legally with her consent by following the laid down procedures including registration  of the adoption deed. 
For school admission purpose, the legal adoption is not necessary, the boy can have his deceased father name itself in the school records. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
execute a adoption deed and registered the same before sub-registrar of Area where you are situated with the child.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
4.9 on 5.0
1. Since both of you are widower and widow having no living spouse, you can adopt the son of your would be wife,

2. You shall have to execute and register a adoption deed for taking the son of your would be wife in adoption.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
You can undergo legal adoption process to adopt her son. In this process the mother's consent would be required. You will have to execute adoption deed and get it registered.


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0