• Adoption of step child by step father

Respected legal community, Sir am 26yr old now.At the age of 7yrs my biological father expired. Later on my mom remarried when i was 8yr old. My step father adopted me and my brother as per Hindu rituals at the age of 8yrs and 9yrs respectively. But due to unawareness they have not executed adoption deed get registered. But all my academic certificates right from 8yr old to till now carries my step father name. To live with dignity and to avoid discrepancy we took caste cum birth certificate in the name of step father. Now am preparing for civilservices. Now am deeply worried about my career as it may cause problem in future. Please help me am pleading with folded hands.
 Is there any chance to register adoption now?
 Is it amounts to suppression of facts?
 Sir really struggling with sleep less nights.
Asked 8 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

1) registration of deed of adoption is not mandatory

2) if giving and taking ceremony has been performed your step father has adopted you

3) if notarised deed of adoption has been executed it should suffice

4the mistake you have made is preparation of false birth / caste certificate showing step father as your biological father .

5) in the event fraud is discovered you would lose your job and police complaint would be filed for fabricating false caste certificate

Ajay Sethi
Advocate, Mumbai
96119 Answers
7731 Consultations

5.0 on 5.0

1) after adoption ceremony was done and adoption deed executed application should have been made to registrar birth in your city to add adopted father name in birth certificate

2) Registrar is empowered to enter name of adopted parents , address etc in the birth records in form prescribed

3) Registrar refuses to follow the circular then remedy was to file writ petition in the HC to direct registrar to incorporate the name of adopted parents as parents in the birth records of the child and issue birth certificate

4) it is necessary to peruse your birth certificate to advise further

5) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
96119 Answers
7731 Consultations

5.0 on 5.0

1. Your father shall have to collect document that he had religiously adopted you and your brother earlier when you were under adoptable age.

2. He has to register now the event of the said religious adoption now which took place when you were 8 years old and your brother was 9 years old.

3. Actually, till you are legally adopted, you can not use your step father's name as your biological father,

4. However, your argument may be that you can not determine who your father is and may not remember the incidence of your biological father's demise and carried on your present father's name which was mentioned by him and your mother while admitting you in school which you had to carry on and after attaining adulthood, you recently came to know about your demised biological father or have not yet known about the fact.

5. With the above argument you can escape the charge of suppression if brought against you for suppression of fact.

Krishna Kishore Ganguly
Advocate, Kolkata
27332 Answers
726 Consultations

5.0 on 5.0

1. It is true that adopted child will get adoptive father's status but there should be valid adoption for which an adoption deed is required to be registered.

2. Your stand should be that since your biological father died when you were 7 years old, it is not possible for you to remember your demised father and know that the man you knew as your father is actually not your biological father and that he had taken you in adoption through religious ceremonies and not by registering an adoption deed.

3. You won't have to mention or argue about your parents intention of child's maintenance or any such thing. Your only argument is that your father's name was recorded in the school by your mother when you were a kid and did not know that your biological father is someone else and for the said reason the charge of suppression of fact can not be applied on you since you yourself were not aware of the fact for suppressing the same.

Krishna Kishore Ganguly
Advocate, Kolkata
27332 Answers
726 Consultations

5.0 on 5.0

Registration of adoption deed at this belated stage may not be permitted in law.

You can continue to remain in the same status since your birth certificate and other certificates bear the name of your adoptive father.

T Kalaiselvan
Advocate, Vellore
86320 Answers
2292 Consultations

5.0 on 5.0

Sir as per Hindu Adoption and Maintenance Act adopted child will be treated on the same lines of biological child.Sir then how can i carry father's name and caste different. How to live with dignity then? So to avoid societal stigma and prevent questioning we took that certificate. Sir what shall i do know? Please help me any way out for this? Child's welfare was the main intention of my parents. Sir you mean to say that i have to include step father's name but not his caste?

In my opinion you can remain in the same status as what you are now.Alternately you may apply for registration of the adoption deed which was executed during the time adopting you by your step father.

A person who is major by age cannot be adopted.

T Kalaiselvan
Advocate, Vellore
86320 Answers
2292 Consultations

5.0 on 5.0

1. Without execution of adoption deed the adoption does not come into being. It was wrong on your part to take the caste certificate with your step-father's name when he had not adopted you.

2. Unless the discrepancy is detected between your documents i.e it is discovered by the competent authority that you were not adopted by your step-father you will sail through. Keep your fingers crossed and hope for the best.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Your step father is not your biological father

2) birth certificate reflects name of biological parents

3) in case of adoption application is made to reflect name of adopted parents in birth certificate

4) in your case your birth certificate has been issued reflecting adopted father as bilogical father

5) you should apply to registrar to correct the error in birth certificate

6) mere notary affidavit would not serve the purpose

Ajay Sethi
Advocate, Mumbai
96119 Answers
7731 Consultations

5.0 on 5.0

Is all these won't help if any contest mine.Suggest me sir don't all these help me to defend my version if problem arises.

On the support of the above documentary evidences in your possession you may file a suit for declaring your adoption as legally valid and seek a direction to the registrar to register the adoption deed with effect from the date of original adoption.

The court, if convinced, may pass on the orders as prayed for in the suit.

If i want to publish notary affidavit now ,what should be the format and it's language ?

After notary shall i use it , while requesting Registrar of Birth or DM to issue fresh certificate to avoid problem in future and getting defamed.

For notary affidavit you may either contact a notary or a local advocate who would draft an affidavit as per the requirement.

But the notarised affidavit will not suffice or convince the registrar to register the adoption deed at this stage.

A court order with directions may enable the registrar to register the adoption deed.

T Kalaiselvan
Advocate, Vellore
86320 Answers
2292 Consultations

5.0 on 5.0

1. It appears that you are complicating the matter of yours unnecessarily. how has your step father managed to produce the birth certificate showing his name as your father with the help of your class X certificate? However, if he has managed to do show then it is very good defense for you if you are questioned any time in future about your suppression of the fact of your having another person as your biological father. Your only defense and answer should be that you did not know about the fact and knew that the man staying with your mother is your father.

2. You can use the said photograph in support of your defense that from the begining you knew the said person as your father.

3 to 4. You need not talk of your mother's remarriage or your religious adoption (unregistered adoption is not valid) since you defense should be that you did not know about any such thing.

5. You should not stir up the issue which took place when you were just 7 years old and did not understand any thing or can not remember any such thing accepting whatever your illiterate mother told as correct.

Krishna Kishore Ganguly
Advocate, Kolkata
27332 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer