• Replacing biological father's name with adoptive father's in passport

Dear sirs, 
I have a son from my first marriage which was divorced in 2015. The decree had clearly stated that the biological father has given full custody to the mother, no visitation rights and no right in future and that the mother will solely maintain the son. 

I have remairred and my 8years old son lives with me and my second husband. We three are very happy and my second husband looks after my son with a lot of affection and love.

My son already has a passport and birth certificate with the name of his biological father. Can the name of biological father be changed in PASSPORT and BIRTH CERTIFICATE, in the biological father (ex husband) gives NOC and gives the son in adoption to my second husband (step father) through a adoption deed?

Kindly clarify if it is possible to Replace the biological father's name with adoptive father's in passport and birth certificate.

Thank you
Asked in Family Law from Visakhapatnam, Andhra Pradesh
Religion: Hindu
1. Name of the biological father can never be changed in relevant documents merely because the curstody is handed over to you.
2. For doing so your 2nd husband will have to adopt the child for which the consent of your first husband will be require.
3.Till that time you will have to depend on your first husband for such formalities.
Devajyoti Barman
Advocate, Kolkata
7308 Answers
83 Consultations

4.9 on 5.0

Notwithstanding the issue of custody and visitation being decided in your favour the legal relationship between your son and his biological father has not been severed. Unless your ex husband gives the child in adoption to your second husband the name of latter cannot be incorporated as father in the documents of your child. A deed of adoption is the answer if you want your husband to be the father of your child for all legal purposes. 
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

5.0 on 5.0

Yes, then it is possible. In passport the name would be replaced at the time of renewal.
Devajyoti Barman
Advocate, Kolkata
7308 Answers
83 Consultations

4.9 on 5.0

Yes. You can change your son's fathers name once you have a registered adoption deed and registered NOC signed by your first husband
Rajgopalan Sripathi
Advocate, Hyderabad
996 Answers
73 Consultations

5.0 on 5.0

It can be changed. If the passport office does not change it even after the adoption deed being shown then appropriate orders can be sought from the court.
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

5.0 on 5.0

1) if biological father is willing to give child in adoption and adoption deed has been executed by him and duly registeted then the name of adopted father can be reflected in passport 

Ajay Sethi
Advocate, Mumbai
28550 Answers
1548 Consultations

5.0 on 5.0

Hi, Biological father has to give adoption to boy to your second husband then only you can change the name of the father in all the records.

2. Biological father has to give adoption and it has to be registered before the Sub-Register office then only it is valid adoption.

3. Once the adoption process is completed then you can change the name of the father.
Pradeep Bharathipura
Advocate, Bangalore
4204 Answers
153 Consultations

4.3 on 5.0

My son already has a passport and birth certificate with the name of his biological father. Can the name of biological father be changed in PASSPORT and BIRTH CERTIFICATE, in the biological father (ex husband) gives NOC and gives the son in adoption to my second husband (step father) through a adoption deed?

If the biological father gives NOC and also gives his son in adoption to the son's step father and the adoption deed is registered, this becomes a valid adoption. Thus on the basis of this registered adoption deed, you may get a decree of adoption through a court of law subsequent to which yo may apply for replacing the name of the biological father to the adopted father with the competent authority for births and deaths within your residential jurisdiction and a similar application may be forwarded to the passport authorities too for replacing the father's name from the existing to the adopted father by enclosing the copy of the court decree and adoption deed. 
T Kalaiselvan
Advocate, Vellore
18745 Answers
176 Consultations

5.0 on 5.0

My doubt is If we have the legal deed of adoption and noc from first husband, wherein the son is given in adoption to second husband, is replacing of name possible? Or is that father's name once given in birth certificate or passport can't be replaced at all.

Your doubts are unnecessary.  You may go through my previous answer to your original question which clearly narrates the steps to be taken in this regard to effect the changes as desired. 
T Kalaiselvan
Advocate, Vellore
18745 Answers
176 Consultations

5.0 on 5.0

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