child name change in second marriage

805 votes

First, if your wife’s divorce was done only through a Sub-Registrar agreement, many authorities may not treat it as a final legal divorce. Under Hindu law, divorce normally requires a decree from the Family Court. That is why someone advised you to obtain a court decree. Regarding the child’s name, there are two possible options. The first option is only to change the child’s name or surname. For this, you can make a name-change affidavit, publish the change in two newspapers (one English and one local language), and then apply for a Gazette notification. After the Gazette publication, the new name can be updated in records such as school documents, Aadhaar, etc. The second option is if you want to add your name as the child’s legal father. In that case, the proper legal method is adoption under Hindu law. The step-father can adopt the child with the consent of the biological father, or through proper legal procedure if the father is not involved. After adoption, the child’s records can be updated with the adoptive father’s name. Because divorce validity and adoption matters involve legal procedures, it is advisable to consult a family lawyer who can guide you and help prepare the necessary documents. for more plz call me

Advocate Viraj LawRato

980 votes

sir, you can take the divorce filed with the sub registrar and based on that document your wife can file an application under family court act for divorce decree. you have a remedy available. just procure consent of your wife's former husband

Advocate Mauleen Marfatia LawRato

666 votes

Based on the details provided, there are several legal nuances regarding the validity of the previous divorce and the procedure for changing the child's paternity records. Under the Hindu Marriage Act, a divorce is generally only legally valid when granted through a formal decree by a competent Civil Court. A mutual agreement or deed recorded at a sub-registrar's office is often insufficient for administrative purposes like updating a birth certificate or school records. To resolve this, your wife may need to obtain a Declaratory Decree from a Family Court to regularize the dissolution of her previous marriage. For the purpose of changing the son's name and adding your name as the father, the standard administrative process involves creating an affidavit, publishing a notice in two local newspapers, and then applying for a Gazette Notification. However, because the child is a minor and you are the step-father, authorities may require a formal adoption deed or a court order to legally substitute the father's name. You should consider filing a petition for a Declaratory Decree regarding the guardianship and name change in the local Family Court. This will provide the specific court certificate required by the authorities to update the child's documents legally and permanently.

Advocate Hetal Gohel LawRato