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How to adopt a child of wife from previous marriage
13-Sep-2023 (In Child Custody Law)
I am a Hindu male who has married a Muslim female in March 2015 under Special Marriage Act. My wife is having a boy who is now aged 11 years from her previous marriage and post her divorce under Muslim laws, she is the official single parent of her child as he does not use his biological fathers name. Please let me know process to adopt the boy
1) you would need biological father NOC to change name of child in passport
2) biological father is natural guardian of child . you would need his consent .
3) As per rules of Ministry of External Affairs Circular No.VI/401/01/05/2008 dated 05.10.2009 serial No.4(2) "In the event of remarriage after divorce, the name of step- father/step mother cannot be written in the passport of children from the previous marriage. The relationship of the child to his biological parents subsists, even after divorce by parents. It is also not possible to leave the column of father or mother blank in the passport in such cases. Therefore, such applicants must write the names of their biological parents in the application form. However, if the stepfather or stepmother is appointed by a Court as legal guardian, the name of such step-parent can be written as legal guardian".
4) it wont be possible to exclude biological father name in passport . delhi High court has held that for valid degree of adoption father consent is necessary . even if he has given custody to mother he continues to be biological father
2) biological father is natural guardian of child . you would need his consent .
3) As per rules of Ministry of External Affairs Circular No.VI/401/01/05/2008 dated 05.10.2009 serial No.4(2) "In the event of remarriage after divorce, the name of step- father/step mother cannot be written in the passport of children from the previous marriage. The relationship of the child to his biological parents subsists, even after divorce by parents. It is also not possible to leave the column of father or mother blank in the passport in such cases. Therefore, such applicants must write the names of their biological parents in the application form. However, if the stepfather or stepmother is appointed by a Court as legal guardian, the name of such step-parent can be written as legal guardian".
4) it wont be possible to exclude biological father name in passport . delhi High court has held that for valid degree of adoption father consent is necessary . even if he has given custody to mother he continues to be biological father
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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