• Custody of the kid

Respected sir/madam ,

I am about to Marry a divorce , she has a daughter of 11 yrs old , I want to be her father legally , I need to change the fathers name in kids birth certificate to my name , kindly suggest the possibility and procedures .
Thanks ,
Senthil
Asked 10 months ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1. You can not change the name of her biological father's name in the birth certificate. that is not permissible.
2. You can however adopt the child legally but for that you need consent of her biological father.
3. Even after divorce and remarriage her biological father does not loose her right of custody or visitation/control over the child.
4. So remain as his step father and shower all the love and compassion on her. there is no legal hindrance for this.
Devajyoti Barman
Advocate, Kolkata
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This is possible only if the biological father of the child executes an adoption deed in your favour, failing which the name cannot be changed in any of the documents of the child.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
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1) you cannot adopt the child without biological father consent 

2) deed of adoption has to be executed wherein biological father with consent of mother gives child in adoption to you 

3) just because your wife has divorced her first husband does not mean that she can give child in adoption to you 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
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1. Even if the mother becomes the sole custodian of the child the legal rights of biological father never goes away.
2. So in other words the mother can not alone give the child in adoption. The consent of biological father is compulsory.
3. So decide accordingly.
Devajyoti Barman
Advocate, Kolkata
5181 Answers
54 Consultations
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Mutual divorce or sole guardianship also does not abrogate the legal relationship between the parent and child. The child cannot be given in adoption to you by the mother without the consent of the biological father. 
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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1) merely because mother is given custody does not mean she can give child in adoption to you without father consent 

2) section 5 of HAMA provides tha adoption made in contravention of provisions of act are void 

3) The adoption is not valid unless the person giving in adoption has the capacity to do so and the adoption is made in compliance with the conditions mentioned in Chapter II of the HAMA, which would include the condition mentioned in the proviso to Section 9(2) of the said Act.

3) 

"9. Persons capable of giving in adoption.-
(1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.
(2) Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal right to give a son or daughter in adoption:
Provided that such right shall not be exercised by either of them save with the consent of the other unless one of them has completely and finally renounced the word or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind."
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
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 you cannot adopt the child without the consent of biological father, you have to file a suit for adoption and guardianship under wards act and hindu adoption and maintenance act. this suit is to be filed before district judge court, court shall issue notice to her biological father thereafter case will be decided.   

Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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Hi, Biological father has to give adoption to you then only adoption will be valid.

2. If the adoption deed is entered without the Biological father consent then it will not become valid adoption.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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Hi senthil, for adoption of a girl child, first and foremost there should be atleast 20 years of age gap between you and the girl child. Mother alone cannot give adoption if biological father is alive. Consent or relinquishment of biological father is mandatory.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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consent of biological father is mandatory.
Nadeem Qureshi
Advocate, New Delhi
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129 Consultations
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I am about to Marry a divorce , she has a daughter of 11 yrs old , I want to be her father legally , I need to change the fathers name in kids birth certificate to my name , kindly suggest the possibility and procedures .
After you marry the divorcee, you can become step father of the child, but you cannot change the father's name of the child neither can there be an adoption during the life time of the biological father without his consent of NOC.  You take the consent of the biological father i writing an then apply for the desired change with the Municipal or competent authority for registering the births and deaths. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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What if the divorce is mutual and mother is sole guardian , she can give the kid in adoption to me without the kids biological fathers consent , I can become the legal Father with the adoption certificate I can change the fathers name in birth certificate , is its possible
Though the mother of the child has been given custody of the child, she cannot become the sole guardian,. the biological father shall be the natural guardian of the child and the mother cannot give adoption of her child with out the consent of her ex-husband, i.e., the biological father of the child. It is not legal and it will be invalid.
So dont try anything which is not legally recognizable. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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