• How my 2nd wife can get mother status?

I married 2nd time after the demise of my first wife. She died after giving birth to a baby boy. After marriage, my 2nd wife took every possible care for the child from the age of 9months. Now my son is 13 years old and they have a mother and son relationship. Although they have a healthy son and mother relationship but Indian law does not accept my 2nd wife as his mother. In the birth certificate as well as in the passport my first wife's name is being reflected.
Now the problem is now my wife says if I do not get any legal recognition as his mother I will not do any duty as his mother. Why I make myself fool? Although he calls me 'Ma' but Indian law does not accept me as his mother. Neither I can put my name in his school, nor in any other documents. 
Is there any solve of this problem in India?
Asked 5 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu
Section 9 of Hindu Adoption and maintenance act says:

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."

In your case since the biological mother is not alive, based on her death certificate an adoption deed in favor of adoptive mother can be made and registered after which she will be the child's legal adoptive mother. You can consult a local advocate for the procedures to be adopted in this regard.
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
1) you can give the child in adoption to the step mother 

2) deed of adoption has to be executed by you in favour of step mother 

3) once adoption deed is executed your second wife would get mother status 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
Your wife can adopt your child with your consent. You are free to execute an adoption deed in favour of your wife to give your child in adoption to her.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1) deed of adoption can be executed In Vadodra  wherein you are residing permanently with your child and step mother 

2) Clause 4.4 of the Passport Manual, which reads as follows:-

"4.4 In the case of (b) above, the name of stepfather/stepmother 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. In such cases, the column of father or mother in the passport cannot also be left blank. Therefore, such applicants must apply with the names of their biological parents. However, if the stepfather or stepmother is appointed by a Court as legal guardian, the name of such a step-parent can be written as legal guardian."

3) para 4(III) of Chapter 8 of the Passport Manual, which permitted the parties to have the name of the biological parent replaced by the name of the step-parent, in the event of death of the biological parent.

4)  Wherever there is a valid adoption, which satisfies the requirement of the Hindu Adoption and Maintenance Act Act, 1956, there would be no difficulty in replacing the name of the biological parents with that of the adoptive parents in the passport 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
he names of the biological parents, as entered in the Hospital Records and in the Birth Register Extracts can never be changed, as they reflect true statements of fact.

2) if passport office refuses  to reflect name of step mother in passport you would need court orders to that effect 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1. Your wife can take him under adoption by registering an adoption deed,

2. After registering the adoption deed, she will legally become his adopting mother,

3. Her name as mother can be mentioned in all his educational documents henceforth.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You can execute and register the adoption deed anywhere and not necessarily at Kolkata where your son was born,

2. No. Kolkata Corporation has already registered his biological mother's name as his mother and adopting mother's name does not feature in birth certificate,

3. The Passport office will change his mother's name based on the adoption deed.

4. No. Passport office will not write adoptive but will simply write her name as mother based on the adoption deed. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
The deed of adoption has to be executed before the registrar in whose jurisdiction the child is residing. After the execution of adoption deed the name of adoptive mother can be incorporated on all the documents of your child except the birth certificate as the birth certificate shows the status as on the date of birth of the child. You will have to go to court to seek necessary reliefs if any of the authorities refuse to change the name after the execution of adoption deed.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
Jurisdiction for adoption is not very strict issue, the adoption can be registered in Vadodara itself since the marriage took place there and you both are living there and have proof of residence at that place.

You may have to apply for incorporating the change of mother's name in the birth register with the Kolkata City Corporation, get a corrected birth certificate and then apply for passport for the child along with a copy of the same attached to it.Further queries in this regard are unnecessary because once the name is corrected then there is no need for the  additional name in it. 
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
5.0 on 5.0
Hi, You have to execute deed of adoption adopt the child in favour of your 2nd wife.

2. There after you have to file suit for change of mother name in the Birth Certificate and request the court for granting fresh birth certificate.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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