Sir, I am a man aged 36, recently married with a divorced woman who is having a daughter of 15 years age. Should I adopt the daughter? Or she can use my name as father by virtue of our marriage certificate?
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1) deed of adoption has to be executed by biological father and mother on your name to give daughter in adoption
2) adoption deed has to be duly stamped and regd
3) merely because yiu are step father does not mean that yiur Sep daughter can use your name
However she can use your name but technically you need to adopt her for she being eligible for any legal rights on your assets
The child should not completed her 15 years, if she is less then 15 then she can be adopted otherwise not.
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1) you have stated that you are not satisfied with my answer as biological father has left the boiological mother and his consent is not necessary
2) Sections 9(1) and 9(2) of the Hindu Adoption Maintenance Act are relevant and reads as follows:-
"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."
3) the law is very clear that such right cannot be exercised by either of the parents of the child "save with the consent of the other, unless one of them has deliberately and finally renounced the world or has ceased to be a Hindu or has been declared by a Court of competent jurisdiction to be of unsound mind.
If the biological father isn't at all agreed to communicate or contact ,what to do?
Should you or should you not is to be decided by you. What I can tell is that the signature of the biological father is indispensable to the process of adoption. He has to execute the adoption deed in your favour. Unless you adopt the daughter of your wife she cannot use your surname as there is no legal relationship between both of you.
Unless the biological father consents there can be no adoption.
1) if the biological father refuses to give his consent you cannot adopt the child
2) there are number of judgments that mother cannot give child in adoption to step father without biological father consent
The daughter of your wife cannot become your daughter automatically until you adopt her and for adoption the consent of her biological father has to be obtained in writing and he has to give her in adoption by a registered deed.
Till then she will remain as your step daughter only.
She cannot legally use your title or can claim you as her father just by the virtue of your marriage with her mother.
If the biological father isn't at all agreed to communicate or contact ,what to do?
If the biological father is not agreeing or giving his consent for this adoption you cannot get her legally adopted.