The biological father consent is needed for you to adopt the child 

2) merely because your wife has divorced biological father ie her first husband does not mean that she can give child in adoption to you . 

Under the Hindu Adoption and Maintenance Act, 1956 (HAMA),  if the biological father is alive and his parental rights have not been legally terminated then his consent is mandatory for a valid adoption. If adoption is done without his consent, it can later be declared void.

However you can approach court to remove his parental rights provided you prove the abandonment to the satisfaction of court  and there was no contact for years, there was no financial support, the acts of cruelty that would be danger to the child or that he was convicted for serious offences 

You would need to file a petition under the Guardians and Wards Act, 1890 seeking Appointment as guardian and /or restriction/termination of biological father’s guardianship rights

The court’s decision will be based on “welfare of the child”, which is paramount.

Under HAMA a  child above 15 years generally cannot be adopted, unless there is a custom permitting it. Since she is 14 now, you must act before she turns 15, otherwise adoption becomes legally complicated.

You need to file a case for adoption as consent is required for the biological parent. But in some rare exception if a single care giving parent is ready and order has some issues as stated in your story court can waive rye said substantive requirements on exceptional condition 

Dear client,

Under Hindu law, it is impossible to legally adopt your stepdaughter without obtaining her biological father’s consent if he is alive and has legal capacity.

In accordance with the Hindu Adoption and Maintenance Act, 1956, an adoptive father must provide consent for an adoption where there is a biological father who is alive and available to give consent. The mother alone cannot place the child up for adoption unless:

The biological father has passed away, or

The biological father has completely removed himself from worldly life, or

The biological father has stopped practicing Hinduism, or

A court has determined that the biological father is incompetent.

If none of the above-listed events regarding the biological father occur, then the mother cannot adopt the stepchild without obtaining consent from the biological father, even if the child has lived with the mother for many years

You may also consider applying under the Guardians and Wards Act, 1890, to become the child's guardian through the courts. The court would evaluate the child's welfare, the child's desires (especially considering that she is now 14), and the extent of the biological father's involvement. The court has the authority to appoint you as the child's guardian if the court finds it is in the best interest of the child to do so.

Being appointed the child's guardian by the courts means that you may make educational and welfare-related decisions on behalf of the child. Additionally, if the biological father consents to the adoption or has been ordered to terminate his parental rights through court order, an adoptive parent will eventually have to provide full and final adoption of the child.

I understand the sensitivity of your situation and the emotional importance of securing legal certainty for your step-daughter, especially given her age, schooling, and the traumatic history involved. The law does provide limited but specific pathways, and it is important to be very clear about what is legally possible and what is not.
Under Indian law, adoption and guardianship are two distinct concepts, and this distinction is crucial in your case.
As far as adoption is concerned, under the Hindu Adoptions and Maintenance Act, 1956, a child cannot be validly adopted unless both biological parents give consent, if they are alive and capable of giving consent. The only statutory exceptions are where the biological parent has completely and finally renounced the world, has ceased to be a Hindu, has been declared of unsound mind by a competent court, or where parental rights have been legally terminated by a court. Mere separation, divorce, lack of contact, cruelty, trauma, or refusal to cooperate does not dispense with the father’s consent. Therefore, if the biological father of the girl is alive, legally competent, and his parental rights have not been terminated by a court, a legal adoption without his consent is not permissible under Hindu law or under the Juvenile Justice Act framework.
That said, what is legally possible and practically workable in your situation is seeking guardianship and custodial rights, which can give you substantial legal authority over the child’s upbringing, education, and welfare.
You can approach the jurisdictional District Court under the Guardians and Wards Act, 1890, seeking to be appointed as the guardian of the minor girl, along with or in addition to your wife. Courts decide guardianship matters based on the paramount consideration of the child’s welfare, not merely biological rights. Since the child has been living continuously with your wife since 2017, you are her step-father, and you have been acting as a parental figure, the court can consider your application seriously.
The biological father will ordinarily be issued notice. However, his consent is not mandatory for appointment of a guardian. If he contests, the court will examine factors such as his involvement in the child’s life, emotional and financial support, past conduct, the trauma alleged, the child’s wishes (which are relevant at 14 years of age), and overall welfare. If the court finds that granting you guardianship is in the child’s best interest, it can appoint you as guardian even over the father’s objection.
Once appointed guardian, you can legally take decisions relating to her education, school records, travel, medical treatment, and day-to-day welfare. Many schools and boards accept a court guardianship order for recording the guardian’s name. However, it is important to understand that guardianship does not change parentage. The biological father’s name will generally continue in the birth certificate, and full substitution of your name as “father” is usually not permitted without adoption.
Regarding your wish that the child bear your initials or surname, this can be achieved without adoption. Courts have permitted change of name/surname of a minor through a declaratory suit or guardianship order, provided it is shown to be in the child’s welfare and the child herself consents. Given that she is 14, her willingness will carry weight. A formal name-change process (affidavit, newspaper publication, and gazette notification) can be undertaken after obtaining appropriate court permission if required.
In practical terms, the most legally sound course for you would be to seek a guardianship order, and if needed, a specific declaration permitting use of your surname/initials for academic and identity purposes, while continuing to safeguard the child’s emotional stability and future prospects. Attempting adoption without the father’s consent is likely to fail and may unnecessarily expose your wife and you to prolonged litigation.

Your case is not clear. Do you mean divorce when you say separation? Have they been legally divorced? If so, what does the court order say about the custody of their children? Please furnish all the relevant facts in full to get a proper advice.

Do your wife have court order that she is legal guardian of daughter while obtaining divorce/custody ?

Who is bearing expanses of daughter ? 

Do x husband have contact with the daughter or he discontinued all ties with her ?

These are relevant factors on which your issue depends and can be resolved by order of High Court. 

Your concern reflects a genuine parental intention, and the law does recognize situations where a step-parent has in reality become the emotional and functional parent of a child. However, adoption law in India is very structured because it permanently severs legal rights of the biological parent. I will explain the correct legal position and the practical options available to you.

1. Legal Position – Can a Step-Father Adopt Without Biological Father’s Consent?

Under Indian law, adoption of a minor child whose biological father is alive normally cannot take place without his consent, even if the parents are separated or divorced.

This principle flows from:

• The Hindu Adoption and Maintenance Act, 1956 (if parties are Hindus), and

• The Juvenile Justice (Care and Protection of Children) Act, 2015 (for statutory adoption procedure).

The biological father continues to remain a natural guardian unless:

• His parental rights are legally terminated, or

• He is declared unfit, missing, or has abandoned the child in law.

Therefore, mere separation since 2017 or lack of contact does not automatically extinguish his legal rights.

2. Why Father’s Consent Is Normally Mandatory

Adoption has permanent consequences:

• Biological father’s legal relationship ends.

• Child acquires inheritance rights in adoptive father’s family.

• Name, lineage and guardianship permanently change.

Because of these consequences, courts insist upon consent unless exceptional circumstances exist.

3. Situations Where Adoption Can Proceed Without Father’s Consent

Adoption without consent becomes legally possible only if one of the following is established before a competent court:

(a) Biological father has abandoned the child.
(b) Father has completely failed to maintain or care for the child for years.
(c) Father is untraceable despite due efforts.
(d) Father is declared of unsound mind.
(e) Court terminates or restricts his guardianship rights in the welfare of the child.

This requires judicial determination — it cannot be done privately.

If the father is alive, identifiable and exercising parental status (even minimally), direct adoption without court intervention is not legally sustainable.

4. Practical and Legally Safer Route in Your Situation

Since the child has been continuously living with your wife since 2017 and you are functioning as the parental figure, the legally workable approach is generally a two-stage process:

Step 1 – Custody / Guardianship Order
Your wife may approach the Family Court under the Guardians and Wards Act seeking:

• Sole custody confirmation, and

• Declaration that biological father has neglected or abandoned parental responsibilities.

Court examines welfare of the child as paramount consideration.

Step 2 – Step-Parent Adoption
After custody and guardianship issues are judicially settled, you may seek adoption approval through court/CARA mechanism depending upon applicable law.

Courts have, in appropriate cases, permitted step-parent adoption where continuation of biological father’s legal status is contrary to the child’s welfare.

5. Alternative Immediate Solution (Very Important)

If your immediate concern is:

• Child using your surname,

• School records,

• Day-to-day parental authority,

then full adoption is not the only route.

You may consider:

• Court-appointed guardian declaration in your favour, or

• Joint guardianship order,

• Affidavit and school record change supported by mother’s custody documents.

Many educational institutions accept surname change based on guardianship and custody orders even without formal adoption.

This often provides practical relief while avoiding prolonged litigation.

6. Child’s Consent

Since the girl is 14 years old, her wishes carry significant weight before the Court. Courts increasingly interact with minors of this age and consider emotional bonding and stability.

Her willingness to be adopted by you will strongly influence the outcome.

7. Important Reality Check

Attempting adoption without notice to biological father, or by executing private documents, will not be legally valid and may create future complications relating to:

• Passport,

• Higher education records,

• Property succession,

• Marriage documentation.

Hence proper judicial route is essential.

8. Strategic Advice

Before initiating proceedings, evaluate:

• Whether biological father is paying maintenance or maintaining contact.

• Existing custody or divorce orders.

• Any past litigation between biological parents.

• Duration of non-involvement of father.

These facts materially determine whether court may dispense with consent.

Conclusion

Straight adoption without biological father’s consent is ordinarily not permissible while he is alive and legally recognized as parent. However, where the child has effectively been abandoned or exclusively raised by the mother and step-father, courts can intervene in the child’s welfare and enable step-parent adoption through proper judicial proceedings.

With correct strategy, your objective is legally achievable, but it must be approached through guardianship and court approval rather than direct adoption.

If you are comfortable sharing:

• Religion of parties,

• Whether divorce between biological parents is finalized,

• Whether father maintains contact or pays maintenance,

a more precise procedural roadmap can be outlined.