Yes but the biological mother should not any objections to it
I recently got remarried and am planning to immigrate to Canada. I am divorced and have a daughter from my previous marriage who will accompany us. We are in the process of applying for my daughter's passport and my question is: can my wife's name (my daughter's stepmother) be added to the "Mother's Name" section of her passport? I have full custody, with no visitation rights from the biological mother.
Biological mother has to execute deed of adoption in favour of adoptive mother
then only her name can be added as mother in passport
Step mother's name cannot be added to the passport of your daughter until and unless she has legally adopted your child.
You can have her name added to your passport as your new spouse by getting the name of old spouse deleted.
The name of the mother in the passport means that of your daughter's biological mother. Her step-mother's name cannot be added under that column.
Can we get an adoption deed without the involvement of the biological mother? We got divorced because I found out my ex-wife was unfaithful and after the dissolution of their marriage, she wanted nothing to do with me or our daughter so I got full custody, with no visitation rights. She also remarried and has children with her new husband.
Dear client,
You need the biological mother's consent even if she has no visitation rights.
Thank you
There is absolutely no need legally for your daughter to be adopted by your new wife. Let your ex-wife's name stand in the passport as your daughter's biological mother. As you would have all the documentary evidence to show your divorce and remarriage, your daughter will not face any issues.
1. Your earlier wife is the biological mother of your daughter whose custody you are holding.
2. You shall have to take her written consent for taking your daughter out of the Country.
1.Since she is not interested in her daughter through you, it may not be very difficult for you to obtain her written consent to take your daughter abroad along with you.
2. No adoption deed of a child can be legally executed/registered without the written consent of his/her biological parents.
- If your current marriage is registered and the divorce decree mentioned the custody of the child perfectly , then after producing the copy of the same , mothers name can be changed in the passport.
- Further, if the daughter is going to apply for passport first time /fresh , then you can change the name of her new mother name in her birth certificate and other related documents and after producing the same it can be mentioned in the passport as well.
- As per Punjab and Haryana High court , the name of mother in passport may be changed any time.