As per law, father is the natural guardian of child above five years so your second wife is not required to adopt the child. Just get the name of second wife inserted in passport.
Does stepmother need to adopt child
Me and my first wife had a child. My first wife is deceased now. I have remarried. Does my second wife need to adopt my child. Since my first wife is deceased, how will she give up and my second wife adopt.
Asked 2 years ago in Family Law
Religion: Hindu
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7 Answers
- Since , you being a biological father having consent with the second wife , then she can apply before the court for getting adoption of the step child .
If you want name of step
mother to be reflected as mother of your child in his documents then you need to give child in adoption to your second wife by execution of deed of adoption
Requisites Of A Valid Adoption. The person adoption (taking in adoption) must have capacity to do so and shall also have a right to take in adoption. The person giving in adoption must have the capacity (and right) to do so. The person adopted is capable of being taken in adoption.
The adoption is made in compliance with the conditions in Chapter-II of the Act (The Hindu Adoptions and Maintenance Act,1956).
Under Section 7 and 8 of the Hindu adoption and maintenance act deal with capacity of male and female Hindu respectively to take In adoption
Under Section 9, the father, the mother or guardian can give a child in adoption; subject to certain restrictions
No need if she is your biological child
What is the age of your child ?
You want to replace her motherhood with 2nd wife ?
Have to file application before CARA and your approval of adoption.
Typically, if both biological parents have legal custody of a child and one of them passes away, the surviving parent retains sole legal custody. In this case, since your first wife has passed away, you would generally retain sole legal custody of your child. As a result, your second wife may not necessarily need to formally adopt your child.
However, if your second wife wishes to establish a legal relationship with your child and become a legal guardian or adoptive parent, it may be beneficial to consult with a family law attorney in your jurisdiction. They can guide you through the process and provide advice on the best course of action based on the specific circumstances and the laws in your area.
