• Adoption deed registration

Dear lawyers I have been reading your replies for different legal queries. I am extremely satisfied about your legal replies which are precise and competent especially mr. Ajay Sethi. Good job sirs. I live in coimbatore, 45 years old , divorced 6 years back and remarried 6 years ago. My ex and I through mutual consent got the divorce and I was given custody of my son aged 18 years and daughter aged 9 years now, with visitation rights to my ex. My current husband who is 59 years old,wishes to have his surname added to my children's names and we were advised by a local lawyer that we can register an adoption deed and with the help of that we can change the children's names with his name as the surname. Is it possible please advice. Also my ex husband so far has not visited the children even once and has not contacted us and we do not his whereabouts. Is a court order must for the above procedure or just a registered adoption deed would suffice. Also kindly help me by giving me a detailed process for court proceeding if it is a must. Thank you Sirs.
Asked 1 year ago in Family Law from Coimbatore, Tamil Nadu
Religion: Hindu
Hi, For giving  adoption the consent of the biological father is very much required without his consent your present husband can't adopt the son.

2. It is better file a suit for change of name before the court so that he can add sure name to his name.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. For changing the surname of your son from his biological father to the surname of your present husband, he has to take you son in adoption by executing and registering an adoption deed legally,

2. For registering the adoption deed, you shall have to take consent from the biological father of your son,

3.You shall have to try to contact him at his last know address,

4. If you fail to locate him, you shall have to file an application for permitting your present husband to take your son in adoption without the written consent of his biological father since he is missing,

5. If the court passes order granting your prayer then with the help of the Court order, your present husband can execute and register an adoption deed without the consent of your earlier husband,

6. Please also note that such order from the Court is very difficult to get.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. For registering the adoption deed, your earlier husband's signature on the deed will be required otherwise it will not be registered,

2. If he shows his unwillingness to give consent due to his stubbornness, then there will be no adoption since he is the biological father of your son,

3. Find him out and try to convince him amicably.

Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. The birth certificate of your son to establish his age,

2. The adoption deed is required to be signed by his biological father as consenting biological father.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1.Your changing surname will not make any affect in changing the surname of your son,

2. You are at liberty to swap your earlier surname with that of your present husband but your son is to carry the surname of his fathe,

3. So, for changing the surname of your son, the consent bof his biological father is mandatory.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1) your second husband cannot adopt your child from first marriage unless adoption deed has been executed and biological father has given his consent to the adoption 

2) if yiu have read my relies I have relied upon various judgements wherein courts have held consent of biological father is a must unless he has renounced the world 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1) passport office will not agree to name change in child passport if the adoption deed does not have the biological father consent 

2) you cannot give your child in adoption to your second husband without consent of biological father 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1) girl or boy can be adopted, if he or she is a Hindu, he or she has not been previously adopted, he or she is unmarried and if he or she is below the age of fifteen. However, if the persons adopting belong to a Hindu community which has a custom or usage permitting persons who are married or have completed the age of fifteen years to be also taken in adoption, then such an adoption is also legal.
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
To change surname of child you need the biological father consent 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. The time for disposal of a case can not be anticipated since it depends on several factors including load on the Court,

2. I have already stated in my earlier post that there is very weak chance of getting a favourable judgement in such case,

3. however, you can try this way.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1) As per rules of Ministry of External Affairs Circular No.VI/401/01/05/2008 dated 05.10.2009 serial No.4(2) "In the event of remarriage after divorce, the name of step- father/step mother cannot be written in the passport of children from the previous marriage. The relationship of the child to his biological parents subsists, even after divorce by parents. It is also not possible to leave the column of father or mother blank in the passport in such cases. Therefore, such applicants must write the names of their biological parents in the application form. However, if the stepfather or stepmother is appointed by a Court as legal guardian, the name of such step-parent can be written as legal guardian".

2) court would not pass orders for adoption of child by your second husband without consent of biolgical father 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Hi, it is very difficult to say the approximate period for complete the litigation but normally it will take to 2 to 3 years. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. In so far as the custody of your son who is now aged 18 years is concerned, the court order whereby and whereunder his custody has been granted to you ,has become inexecutable now as he has attained the age of majority, whereas the order operates with full vigour in respect of the custody of your daughter,

2. The grant of divorce by the court terminates the marital tie between the spouses but it does not alter the legal character of the relationship between the separated spouses and their children. So regardless of the court order if your husband wishes to add his name to the surname of your son then the biological father of your son has to consent to adoption through a deed of adoption. Unless he consents the son cannot be adopted by your second husband.

3. However, neither an adoption deed can be executed nor the court can pass an order to permit adoption of your son by your second husband as your son is 18 years old. One of the essential conditions of adoption is that the child to be adopted should not have completed the age of 15 years. Since your son incurs the disqualification of age bar prescribed the law he cannot be adopted. Your daughter can be adopted though if her biological father consents.

Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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A lawsuit can be filed to seek a direction to the appropriate authorities to add your husband's surname to the first name of your daughter if it is not possible for you to obtain the consent of your first husband. The court will issue notice to your husband to afford him an opportunity to contest your case. If he does not turn up in the court the court will pass ex parte orders, which may take up to a year,
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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First of all you should understand the concept of adoption.  Your present husband can adopt only the minor child and not the adult (18 years old son) child.for adoption the consent or permission or NOC from the biological father is essential. 
If your child's other parent is alive, you will need to obtain his or her consent to the adoption. A child can't have three legal parents, so the other legal parent must give up his or her rights. The termination of parental rights completely severs the legal bond between parent and child: however, it doesn't change the fact that your child has another person he or she is either biologically or emotionally connected to.
If the other parent will not consent to the adoption, you may be able to prove to the court that he or she has had little or no contact with the child or that the contact was dangerous or harmful. In that kind of situation, the court can terminate the other parent's rights.

Another situation that often comes up is if you don't know how to find the other parent to ask for consent. If you truly do not know how to locate him or her, the court will allow you to publish a legal notice in a newspaper. If the other parent does not respond, consent is waived and you can proceed with the adoption.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Whether registered adoption deed is enough for name change in passport and school documents. Getting a consent from my ex husband is next to impossible for reasons like we do not know his whereabouts and he is a stubborn character.
Once you have a registered adoption deed, that should suffice for the change of name in the passport.



As my son is already 18 last Monday what are his paper requirements for adding his stepfathers surname and do we need a letter from him for acceptance of adoption.
An adult cannot be adopted hence he has an option to change his name from previous name to the proposed name by making a publication in the government gazette following the requisite formalities in that regard.





I have already changed my surname from Sharma my ex husbands surname to Manoharan as soon as I got remarried. Will that help in any form for surname change for my children.
This will not entitle the change of your children name automatically



Thank you all for taking up my queries and giving your advice. How long will a legal proceeding  take to get the court order for adoption in case of a absentee respondent if my husband becomes the petitioner and I become one of the respondents and my ex the absentee respondent?
It depends on the burden of the court where the case is filed.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

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