• Father's name in passport

My biological father died when I was nine years old and my mother remarried when I was 15 years and the marriage was registered .on these developments I changed my surname to my step Fathers name and put my step dads name in passport.is it possible to get a new birth certificate on the above said facts.
Asked 1 month ago in Family Law from United States
Religion: Hindu
A birth certificate can be issued only once. The change of surname by you does not entitle you to a fresh birth certificate as the  birth certificate has to show the status of the child as on the date of application/.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1) did your mother give you in adoption to your step father by adoption deed?

2) was giving and taking ceremony performed?

3) kindly clarify 

4) if no valid adoption has taken place your biological father name should be reflected in your passport 

5)your step father name would be reflected in birth certificate only   if valid adoption had taken place 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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For a valid adoption the biological parents have to execute an adoption deed in favour of adoptive parent(s) which has to be mandatorily registered, 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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the child must be a hindu 

2) the child must be less than 15 years of age 

3) the actual giving and taking ceremony of child must be performed 

4) if male child is being adopted then person adopting must not have a male child 

4) advisable that deed of adoption should be executed and regsitered
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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Dear Concerned, 

No getting a birth certificate changing the father's name is not possible from the same jurisdiction. However you can try getting it done from any other jurisdiction. (this is a solution - subject to you never ever use the first birth certificate after the second one)  

A valid adoption is the process where the adopting father will be needed to execute a legally enforceable adoption deed, after adoption the person adopted will have all rights on assets of the father. 

Best of Luck
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
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Hi
An adoption doesn't change the birth certificate.
The name of your biological father can't be changed in the birth certificate
You can make a name change in the passport with the help of a vàlid adoption deed and a gazatte declaration

A vàlid adoption is an adoption taken place through a formal ceremony with or without a registered adoption deed.
If you are Hindu ,a ceremony of adoption as per the rituals is sufficient to make it valid.
However just by mother re marrying and the stepfather taking care of the child will notbe a legal adoption.steo father becomes legally an adoptive father only a formal adoption is marked either through alegal documents or ritual.
Hence it is advisable to have an adoption deed registered in place.
Registering an adoption deed most often the Registrar ask for a court order ,which will have to be obtained by the adoptive father/ step father from court.
A new birth certificate with your biological father's name changed is not possible as the same cannt  be changed 
Thresiamma G. Mathew
Advocate, Mumbai
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85 Consultations
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1. No. Birth Certificates are issued duly recording the details about place, date etc. of birth of the child including his/her father's name.

2. Biological father's name in the birth certificate can not be changed.

3. Your step father should have taken you in adoption to enable you to legally mention his name in all your educational certificates as your father.

4. When you have already got your passport, why do you want to stir up the matter and change your birth certificate?

5. The ideal and legally correct step for you should be  to change the name of your father from step father to your biological father in all your educational documents and passport.

6. For taking the above step, you shall have to get an affidavit affirmed before a 1st class judicial magistrate stating that your biological father's name is such and such and inadvertently your step father's name has been put in all the papers and documents which are required to be corrected now. 
Krishna Kishore Ganguly
Advocate, Kolkata
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231 Consultations
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1. There are certain stipulation for adopting a boy by the adopting father as per the Act.

2. As per the Act. the age of the boy should not be more than 15 years.

3. An adoption Deed executed and registered after following all the rule and provisions of the Act is called valid adoption.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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Without a registered  adoption deed, your step father cannot become your father and the birth certificate cannot be changed from biological father's name to step father's name.  
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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Can I please explain what is a valid adoption

Valid adoption means that your mother should have given you in adoption to your step father while you were still a child and the adoption deed should have been registered with the concerned registrar.  
The adoption cannot happen if you are over 18 years of age. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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