Change surname of child of 10 yrs
4 weeks ago
Sir I have married to a divorce girl and she has a daughter of 10 yrs and we both want to change surname of her daughter to my surname.
A.Dear Client,
Under Hindu law, adoption requires the consent of the biological father of the child from the first marriage, even if the marriage has been dissolved by a decree of divorce. In the case of adopting the daughter of your wife from her previous marriage, the consent of her biological father is necessary. The adoption deed must also be duly registered, with the biological father giving consent to the adoption by the new husband.
Changing the name of the biological father on the birth certificate is not possible, as amendments to birth certificates are generally not allowed. However, you can file a civil suit for a declaration of the stepfather's name in the civil court to legally recognize the relationship. It's essential to follow the legal procedures and obtain consent from all relevant parties when considering adoption or making changes to legal documents.
Under Hindu law, adoption requires the consent of the biological father of the child from the first marriage, even if the marriage has been dissolved by a decree of divorce. In the case of adopting the daughter of your wife from her previous marriage, the consent of her biological father is necessary. The adoption deed must also be duly registered, with the biological father giving consent to the adoption by the new husband.
Changing the name of the biological father on the birth certificate is not possible, as amendments to birth certificates are generally not allowed. However, you can file a civil suit for a declaration of the stepfather's name in the civil court to legally recognize the relationship. It's essential to follow the legal procedures and obtain consent from all relevant parties when considering adoption or making changes to legal documents.
Helpful
Helpful
Share
A.Dear Client,
Without the consent of the biological father of the daughter from the first marriage even if it is dissolved by a decree of divorce, you cannot adopt the daughter of your wife who takes birth from previous wedlock. Under the Hindu law for adoption consent of a biological father is a must that is consent from your wife’s first husband is a must and then the adoption deed should be duly registered. The Deed of adoption has to be registered in favor of your 2nd husband by the biological father of your daughter. The name of the biological father cannot be changed even on the birth certificate as there is no amendment possible in the birth certificate. You can file a civil suit for a declaration of the stepfather's name in the civil court but the change of name of biological father in the birth certificate is not possible.
Without the consent of the biological father of the daughter from the first marriage even if it is dissolved by a decree of divorce, you cannot adopt the daughter of your wife who takes birth from previous wedlock. Under the Hindu law for adoption consent of a biological father is a must that is consent from your wife’s first husband is a must and then the adoption deed should be duly registered. The Deed of adoption has to be registered in favor of your 2nd husband by the biological father of your daughter. The name of the biological father cannot be changed even on the birth certificate as there is no amendment possible in the birth certificate. You can file a civil suit for a declaration of the stepfather's name in the civil court but the change of name of biological father in the birth certificate is not possible.
Helpful
Helpful
Share
Read Related Answers
Travel abroad
Dear Client,
Your husband being the biological father of the child can refuse and prevent you from taking away your child abroad in the absence of any court order awarding you custody of the child. U...
Child custody/ separaration
Dear Client,
It is safer to apply for a divorce if you want to quit the marriage and take custody of your child to go back to your nation
Alcoholic and abusive husband allowed to see kids
Dear Cleint,
It's commendable that you've taken steps to protect yourself and your sons by seeking legal recourse through divorce and filing for protection.
Given the history of abuse and the poten...
Alcoholic father allowed to see children through video calls
Dear Client,
As stated in the query, you have already taken legal action against your errant and unruly husband filing a case for Domestic Violence and a petition for divorce in the Court, so no furth...
Mutual DV and child custody
Dear Client,
As per Section 13B of the Hindu Marriage Act, 1955, any one of the spouses can file the divorce petition with the mutual consent of both of them. Section 14 of the Hindu Marriage Act sta...
Read Blogs on Child Custody
Child Custody Lawyers
Find Lawyers by Location
