Hello sir, am going to married 2nd ,marriage she is having 2 children's, now our question is if we married as per Muslim law like jammathu marriage, its possible to change children's name in passport, Aadhaar card, birth certificate under my name as father. if possible means, please explain what was the procedure to change. one more if necessary to make register marriage 2nd marriage for chnaging of passport for the new wife.
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Children make cannot be changed to reflect your name as father
2) there is no concept of adoption among Muslims
3) you cannot adopt your step children and change their names
You should register your marriage as marriage certificate would be required for reflecting your name as spouse in passport of your wife
- As per the Punjab and Haryana high court , the name of the biological father cannot be replaced in the birth certificate etc. with that of stepfather’s.
- Further, for changing the name there must be a adoption deed in favor of the step fathers , however Islam Islam does not recognize adoption.
- Hence, for changing the same an order from the Court is required
- Yes, you can register the marriage before the marriage registrar for changing the name of new wife in passport.
You can not change it in the birth certificate. In all other places you can change the same. Let me know if I can help you with the same.
regards
Until and unless the children are adopted by the step father, they cannot have the name of their step father replacing their biological father's name in any documents including the birth certificate or school certificates.
Islam does not recognise adoption. In Mohammed Allahabad Khan v. Mohammad Ismail it was held that there is nothing in the Mohammedan Law similar to adoption as recognized in the Hindu System. Acknowledgement of paternity under Muslim Law is the nearest approach to adoption.
Dear Client,
You will need to submit a court petition in order to start the process of getting your stepfather's name substituted for your biological father's. Your name, birthdate, the names of your biological father and stepfather, and your stepfather should all be included in this petition. Give the justification for the name change as well as the identities of any witnesses who can attest to it. You have to serve your biological father a copy of the petition after it is filed, either in person or by mail. After that, go to a hearing where you will testify regarding the rationale behind the name change, and your stepfather might also testify. You will obtain an official court order to change your name if the court accepts your petition. Make use of this court order to amend the name on all of your legal documents, including your birth certificate, passport, driver's licence, and any other identity documents. This makes sure that all of your official records are consistent. If you file an adoption application with the relevant court, you can modify the biological father's name on your passport; however, you will need the biological father's nod of approval.
It can be done by providing related documents to passport authorities
