How to remove biological fathers name from child document
09-Jul-2023 (In Child Custody Law)
im from delhi i am divorced and my daughter is in school class 6th. i got married again in 2012 and now i want to put my girl in new school but her TC has all the old information. but i dont want my X husbands name on any of my daughters documents, what should i do
In case your ex husband is paying some expenses for the daughter ,you need to take his consent for removing his name in relation to documents relating to the child Otherwise also it is better to take consent .In addition your present husband needs to adopt your daughter by way of adoption deed and after these things are done ,you can get the name of your daughter changed in records relating to school etc.
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As per my opinion you have no right to remove the surname of her biological father at this stage as the daughter still has the name of her father and your daughter is still a minor. Once your daughter become major, She has right to remove her father's surname or change her name
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In a scenario where parents have divorced and mother has a second marriage the name of the biological father in the birth certificate can be changed by filing an application for adoption in the appropriate court with the NOC of the biological father, copy of the original birth certificate , Affidavits of both mother and the adoptive father and other documentary proof of the 2nd marriage(marriage certificate etc).
NOC would be required even if the mother has full and legal custody of the child.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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