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Change of fathers name in passport

(Querist) 30 June 2016 This query is : Resolved 
Hi, My sister got divorced & got remarried, in her son previous passport which is expired his biological father name is mentioned, now we want to mention hi step father name in new passport, I have been told that we can get adoption certificate from local court, can u please suggest any good laywer(with contact info) who can get this adoption certificate in couple of days from court. We reside in Mysore Karnataka State INDIA. Appreciate your earliest response.
Devajyoti Barman (Expert) 30 June 2016
There is nothing called adoption certificate.
Since his biological father is alive the name of step father can no way be included unless and until his biological father consents.
Javed Shaik (Querist) 30 June 2016
Hi,
Do u think a father who tried to kill his wife & child will give the consent for this.

Please get me the procedure if u have
Advocate/CS Sanjeev Kataria (Expert) 01 July 2016
Biological father name can not be removed despite all the facts you mentioned. another issue about adoption, child can be adopted with consent of both the parents. if one of them is dead, then single parent can give the child for adoption.
adv.bharat @ PUNE (Expert) 01 July 2016
You can find lawyer through LCI.
To get adoption certificate follow local court procedure.
Javed Shaik (Querist) 01 July 2016
Hi

Thanks for the information, what is LCI?
Rajendra K Goyal (Expert) 01 July 2016
Name of biological father can not be removed without his consent.
S Raut (Forensic Expert : IFS) (Expert) 02 July 2016
No such provision. You can only change parents name if they have changed their name.
P. Venu (Expert) 05 July 2016
Even though the norms followed by the Passport insist that:
" In the event of re-marriage after divorce the name of step-father or 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 applicant 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."

High Courts have taken a different view depending upon the facts and circumstances.

However, retaining the biological father in public records has its own advantages. Please note that divorce or dissolution of the marriage does not disentitle the offsprings of their right ti inheritance in their biological father's property except in case of a valid adoption.


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