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I am a Hindu male with 8-year old son. I got divorced and now remarried. I have full custody of the


03-Mar-2023 (In Family Law)
I am a Hindu male with 8-year old son. I got divorced and now remarried. I have full custody of the child with visitation rights for biological mother of the child in my presence. The child's all docs contain his bio. mother's name - Aadhaar, passport, birth cert1) Can the biological mother's name be changed to my current wife's name in these documents without the legal adoption process by her? Is legal adoption the only process?nn2) If legal adoption the only process, is obtaining NOC from my ex-wife only involvement from her end, or does she need to be present in more steps?nn3) Is it possible to change "mother's name" in passport, without changing it in birth cert.? Or changing the mother's name in birth cert. is mandatory, before changing the name elsewhere? nn4) I am a little confused whether it is better to update my current wife's name in place of "mother" in my son's documents (school, passport), or should I just leave the docs. like that [with his bio. mother's name]?
Answers (3)

Answer #1
894 votes
Since you are a Hindu therefore you need to perform some rituals and then just register a deed of adoption in respect of your child. since you already have the custody right of your child so you just need the NOC from the biological mother. For further enquiry kindly contact me through the portal. nothing to worry so much sir... Regards, Subhashis Paul Advocate High Court, Calcutta
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Advocate Subhashis Paul

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Answer #2
724 votes
changing child's name to step mother's name is a process of adoption and for which you will have to take consent or noc from biological maother and you need to understand the entire steps and processes so that there is lacuna in the entire work
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Advocate Aveek Bose

Adv. Aveek Bose

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Answer #3
716 votes
divorce only annuls the marriage between two persons. it doesn't not and rightly so dissolve the parental linkages either legally or otherwise. hope you have been adequately answered. regards, Tanmoy Chattopadhyay, M.Sc (Met), LL.B (Delhi), Advocate, High Court, Calcutta
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Advocate Tanmoy Chattopadhyay

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