Father’s name of son of a widow after her remarriage
I have married a widow who has a 6 years old son. At present in school records his father’s name is his real expired biological father name.
Now after marriage legally what should be his father’s name, his real expired biological father or his step father, mine. I have not adopted the boy.
What is his legal right in inheritance and in my property?
Asked in Family Law from Lucknow, Uttar Pradesh
Hi, his biological father name should be in the records and until you have legally adopted him as a son then only your name will be shown as a father.
The name in the school records can be changed if you wish to provide your name to him.For this you need to adopt your step son with the consent of your wife.It is not necessary to even register the Adoption Deed in order to do this.
There is no illegality about the child having the biological father's name unless you wish to provide him your name and this is recommended as he grows up he will be known by your name.
Once you adopt the boy he will have all the rights as a natural, biological son.
The father name should be continued with the biological father on record. You married his mother, the paternity can not be changed without valid adoption. He will not succeed any property of you,but he will succeed his mother's property equally with other children born to you.
The name of biological father can be changed in the school record . You will have to legally adopt the child by making for which you will have to execute a Adoption Deed which will have to Registered before the Concerned District Sub Registrar of your District and State.
Advocate, New Delhi
1. Both his biological and legal father as on date is the deceased person,
2. You can become his legal father if you adopt him,
3. He will not inherit your property unless you adopt him,
4. However, he will inherit his mother's property.
1)the father name does not change on your marriage to the child mother
2) unless and until you adopt the child by valid deed of adoption the surname of child will continue to remain the same .
3) the deed of adoption has to be registered and child has to be given in adoption by the mother .
4) the child will not have any share in your property unless you adopt the child
5) child will inherit his mothers property .
the father's name does not get changed on remarriage of child' mother unless her husband adopts her child through valid adoption under Hindu law if both are Hindu. The child after valid adoption gets same rights as that of your biological son.However he continues to have rights in the property owned by his mother.
Advocate, New Delhi
The name of biological father else you must adopt him to keep your name
1. After death of father his mother is the real guardian of the child.
2. That child has vested interest in his father's property.
3. After death of his father he has right to get maintenance from his father's property.
4. When his mother remarried then she is liable to maintain her child in case father of the child left no property or his property is vested in his mother.
5. In all case you are not bound by law to maintain him.
6. When you adopted that child then he will get all rights in your property and bear all liabilities just like a real son.
7. under section 12 (THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 ) An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family.
8. Any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth.
adopt the son legally then surname or name can be changed as per you.
Advocate, New Delhi
what actually you want if you want you name then he will inherit your propery for that you must adopt him
Advocate, Greater Noida
Tittle will not change except in case of adoption and consent of biological father. Child will not inherit your property but the mother's property since you have not adopted.
1. Neither your marriage to the mother of the child nor the demise of the biological father of the child makes you the father of the child. His deceased biological father continues to be his father for all legal purposes.
2. You can become the father of the child only and only if you adopt him in accordance with the law. After the process of adoption is complete your name can be incorporated in the official records as the father of the child.
3. The child has no right to inherit any of your properties until and unless you become his father, which is legally possible only after he is adopted by you through an adoption deed.