Mutual Adoption/Guardianship and Passport

Mutual Adoption/Guardianship and Passport

Dear All,
Namaskar !

I have a son from my first marriage now age 11. I have remarried a widow who has 2 daughters now of age 6 and 10. My first wife had visiting rights once every month, but for more than 4 years she has never met my son and is married and living in another city.

Please advice how to proceed to have all the three children under one parenting legally. How do me and my wife mutually adopt/become legal guardian to our children ? Please advice.

Moreover also suggest me how to proceed to get Passports for my family.
Only I am having Passport with my first wife's name endorsed.

Asked 11 months ago in Family Law from Agra, Uttar Pradesh

Religion: Hindu

1. For your wife to adopt your son from your first marriage your ex-wife i.e the biological mother of your child has to sign a deed of adoption in your wife's favour. Without her consent the adoption deed cannot be executed. 

2. For the passport to be issued the RPO will again seek the NOC of the biological mother of the child.

Ashish Davessar

Advocate, Jaipur

21579 Answers

577 Consultations

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1) your second wife can execute deed of adoption in your favour wherein 2 children can be given in adoption to you

2) deed of adoption should be duly registered

3) there should be giving and taking ceremony wherein children are given in adoption to you

4) as far as your son is concerned consent of biological mother is necessary to give child in adoption to your second wife

5) only then apply for issue of passport for your family members

6) you can apply to passport office for removal of your first wife name

7) rely upon divorce decree passed by family court

Ajay Sethi

Advocate, Mumbai

36394 Answers

2017 Consultations

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You can adopt the daughters of your 2nd wife and there is no impediment since her husband is already died.
However your second wife can not adopt the son as it requires consent of your wife.
Since you are the father and natural guardian and most documents will reflect your name only there is no need to bother about you son.
So adopt the daughters only.
There is no problem to get passport for your 2nd wife and 2 daughters on the basis of the marriage certificate.
However for passport of your son again your 1st wife's consent is required.

Devajyoti Barman

Advocate, Kolkata

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119 Consultations

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Dear Concerned,

You dont have to adopt your own son - however you will have to go through adoption process for adopting the daughters of your second wife. For this you need to make an application to the concerned court under Hindu Adoption and Maintenance Act. Once this is done you may be able to get the passports under your name for your adopted daughters.

Best of Luck