Change of parents Name after adoption (non-institutional)
I have adopted (Under HAMA) a child from Relative on 26th Nov 2015, 4 months ago. I have registered it in the office of sub-registrar.
Now, I want to replace name of biological parents with name of adoptive parents in birth certificate and add family surname to child's name.
As per Delhi govt website, SDM (in Jurisdiction) can pass an order basis which Municipality Office shall change the birth certificate. I had applied to SDM for order, met him personally, but he is refusing to do the same. He is saying that you file a suit in court and get a court order.
I had visited local court and consulted 2 lawyer, both gave me different version:
Lawyer 1 - Take out publication in newspaper, gazzettee notification. The notification should be sufficient (Same procedure of name change of Major)
Lawyer 2 - File a suit in court. Court will summon both party and Delhi MO, issue newspaper notification and issue a court order
I have not visited local MO office yet if they have any other version.
This adoption is very close to my heart as I am childless.
I am running pillar to post.
Please guide me of correct procedure.
Asked 12 months ago in Family Law from Delhi, Delhi
Both the ways are valid but you can easily take the advice of lawyer -1 and get her surname changed with that of yours after the adoption deed has been registered.
Hi, as per law the Court has only the power to change the name in Birth Certificate so you have to file a suit in the Court.
1) it would be sufficient if the Magistrate having jurisdiction over the area passes an order approving the particulars of the adoptive parents to be entered/altered in the birth register/certificate and also pass an order for issuing a second birth certificate. If in case, the birth has not been registered till the time of adoption the Magistrate passing the order has to determine the exact date of birth, which he can do on the basis of relevant proof or declaration from the natural parents and in their absence, on the basis of the certificate granted by the Chief Medical Officer.
The Registrar, as he does in case of other court order, has to make an entry in the `remarks' column giving details of the court order (including date) while entering or correcting as per the particulars approved by the Magistrate.
2) in case magistrate is refusing to follow the procedure file civil suit and obtain court orders in this regard
1. The SDM is talking absurd. When the adoption deed has been executed and shown to SDM he should order the change of particulars in the child's documents. Be that as it may, you should file a lawsuit as the SDM is not following the command of law. You can also claim compensation from the govt for not acting in accordance with the law.
2. A mere publication in a newspaper followed by a notification in the gazette will not result in change of parents name in the documents of child.
There is a circular issued by REGISTRAR GENERAL, MINISTRY OF HOME AFFAIRS in 2012 in this regard in detail, Please refer the link for circular
Please advice/ your opinion basis this circular
Asked 12 months ago
1) as per circular cited by you Registrar is empowered to enter name of adopted parents , address etc in the birth records in form prescribed
2) if Registrar is refusing to follow the circular file writ petition in the HC to direct registrar to incorporate the name of adopted parents as parents in the birth records of the child and issue birth certificate
For getting the name of the biological father replaced with the adopted father's name in the birth certificate, you should approach the court of law to declare the adoption deed as valid and seek direction to the registrar of births and deaths to make an amendment in the registrar of births and deaths by replacing the adopted father's name from that of the biological father's name in respect of the child's birth register details.
Any other procedure followed will render it null and void. After court's order the registrar of births and deaths is obliged to change the child's father name from the old one to the new one i the register held by him in this regard.
Please advice/ your opinion basis this circular
The circular issue by the government is also valid, you may follow the procedures mentioned in it for effective change of name in the birth certificate as desired.
The notification only restates the law, but if the registrar does not carry out the required changes then you are required to knock at the doors of the court.
1. The circular referred is in connection with recording the date of birth of the adopted child,
2. Your case is not recording of date of birth but changing his surname,
3. Act as advised in my earlier post to change his surname.