Adoption of children on widow remarriage by step father
ASHISH JAIN
(Querist) 20 July 2016
This query is : Resolved
Hello Experts,
A widow Mrs. Asha (having one son and one daughter from her first marriage) remarries with Mr. Arun.
Now, Mr. Arun wants to have his name as Father's name in all the documents of children, like Aadhaar card, passport, school admission documents etc.
Now, the query is:
1. Is it possible by adoption? Or, what else should be done?
2. If adoption is done, then who shall give the children for adoption?
And if mother gives the childen for adoption, then, Will the right of Mother over children end?
3. Is there any way, by which Mr. Arun is able to get his name on all the children documents including school documents, aadhaar card and passport etc. without Mrs. Asha losing her right over the children and The Children becoming the legal heir of Mr. Arun in future?
Thanks.
Rajendra K Goyal
(Expert) 21 July 2016
For adoption consent of biological parents required.
Guest
(Expert) 21 July 2016
Mr, Jain,
There are several holes in your story. For example, the sentense, "without Mrs. Asha losing her right over the children and The Children becoming the legal heir of Mr. Arun in future," of your question very well reveal that it is not a problem of adoption, but an academic query.
Anyway, in what way you are concerned with the problem and why you want to know about Mrs. Asha's right over the children?
Also, please intimate, how many children and of which age, Mr. Arun already have?
P. Venu 
(Expert) 21 July 2016
The proposed adoption, if carried out, will deprive children of their status as legal heirs of their biological father.
Kumar Doab
(Expert) 21 July 2016
The Experts have advised.
The author may reply to the points raised by experts for further response.
ASHISH JAIN
(Querist) 21 July 2016
Thanks for all the replies.
Below are my replies:
Mr. Rajendra K Goyal: The biological father is no more that's why remarriage took place, and the mother will give her consent, that is not any issue.
Mr. P. S. DHINGRA: Thanks for yor concern. Let me clear all the things.
1. Mr. Arun and Mrs. Asha want name of Mr. Arun on all documents which pertains to the children in question.
2. In case the adoption occursin favor of Mr. Arun, Mrs. Asha does not want to lose her own right over her own children.
3. Mrs. Asha wants her children to be the legal heir of Mr. Arun in future.
Actually Mrs. Asha is my sister, and in this way I am concerned with the issue.
Also, Mr. Arun does not have any children already and its the first marriage of Mr. Arun.
Mr. P. Venu: Mrs. Asha has no issue it deprives children of their status as legal heirs of their biological father.
Mr. Sudhir Kumar: Sir, that is the main problem that whether adoption should be made and how, or any alternate route to solve all the problems faced by Mr. Arun.
Thanks all, waiting for replies.
P. Venu
(Expert) 21 July 2016
Since the biological father is no more, the intestate property, if any, are devolved upon the children.
I am sorry that I had failed to notice the status of Mrs. Asha.
J K Agrawal
(Expert) 21 July 2016
Dear Experts.
I try to understand the problem.
If the children has no name of Mr Arun as father, the life of children will be spoiled. The will always be in fear that they have no father.
Further the children spending their whole life dedicated to there new father will never be entitle to share his property, rightfully.
It is also possible that the future children of the new couple would expel the both when they grow up.
I encountered the same case and found that adoption deed is best way.
You should get an adoption deed registered with registrar. The giver is Mother only and the adoptive parents are mother and New Father.
do not worry, there is no glitch of law is such a deed and adoption. This adoption is valid in all respect.
Hemant Agarwal
(Expert) 22 July 2016
CONSIDER THIS:
1. To safe guard the children's future, a well strategised "declaration suit" may be mutually filed by "BOTH" wife and new husband, thereby officially making the children as "legal heirs" of the parents.
2. The present apprehension of the wife, is unfounded and hallucinatory.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 22 July 2016
The author can benefit from the advise of experts.
ASHISH JAIN
(Querist) 23 July 2016
Hello Mr. J K Aggarwal.
Thanks for your reply Sir.
Yes, exactly this problem was only faced, as interpreted by you.
But, kindly tell, how, can a person (i.e., Ms. Asha) can, at the same time, be giver and also the adoptive parent of the child.
1. Is this kind of adoption deed (Where giver is Ms. Asha and adoptive parents are Ms. Asha and Mr. Arun) valid as per The Hindu Adoptions and Maintenance Act, 1956 in the court of law, in future, if any kind of issue arises?
2. Also, if this is valid, would the parties have to conduct any ceremony as an evidence?
Nadeem Qureshi
(Expert) 23 July 2016
the age of the children should not be more then 15 years.
The mother may give adoption of children to her new Husband and adoption deed should be registered before Sub-registrar or joint registrar as the case may be.
after adoption, the children will have all rights as they are the real children of the husband.
the husband should not have any child alive.
Feel Free to Call
ASHISH JAIN
(Querist) 25 July 2016
Waiting for replies.
Mr. JK Aggarwal.
J K Agrawal
(Expert) 26 July 2016
Dear MR Ashish
I have replied already. Person giving and taking may be the same.
As ex husband of Ms. Asha expired so consent of only one is sufficient.
Rites not required but formal actual give and take is required in eyes of law, but why do you want to loose a chance to celebrate the new future of children. Enjoy it.
Kumar Doab
(Expert) 07 August 2016
If there is a custom or usage applicable that can establish, that child of age be more then 15 years, can be adopted, then adoption is valid!
Kumar Doab
(Expert) 07 August 2016
The discussion at another thread might be useful.
http://www.lawyersclubindia.com/experts/Adoption-of-a-person-who-is-already-married--611041.asp
Kumar Doab
(Expert) 07 August 2016
There seems to be customs that have blended into law e.g; in the case of Porwal Jains
Kumar Doab
(Expert) 07 August 2016
The apex court has made a description in following judgments:
Supreme Court of India
Dhanraj vs Smt. Suraj Bai
https://indiankanoon.org/doc/1021556/
Kumar Doab
(Expert) 07 August 2016
'When a custom has been repeatedly recognized by courts, it is blended into the law of land and proof of the same would become unnecessary under Section 57 of Evidence Act. '
'he ordinary rule is that all customs general or otherwise have to be proved, but u/s. 57 of the Evidence Act, 1872 nothing need to be proved of which the court can take judicial notice.'
Kumar Doab
(Expert) 07 August 2016
Supreme Court of India
Atluri Brahmanandam (D) Thr.Lrs vs Anne Sai Bapuji on 18 November, 2010
https://indiankanoon.org/doc/663319/
