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Remarriage

(Querist) 26 September 2016 This query is : Resolved 
I have remarried with woman whom have alredy a male child named sahil ajij khan that i have give him my name by affidevit that till today this boy will be known as sahil shakil shaikh.is this legal or not
Raj Kumar Makkad (Expert) 26 September 2016
This is legal as you have adopted that child on remarrying with his mother
kavksatyanarayana (Expert) 26 September 2016
NAME CHANGE IN INDIA

There are three mandatory things, to be done for authorizing the name change.

1.An affidavit needs to be prepared for name change. 2.An announcement should be published in the newspaper. 3.A notification should be published in the Gazette of India regarding the name change.

AFFIDAVIT SUBMISSION
Raj Kumar Makkad (Expert) 26 September 2016
Mr. Satyanarayana! The author has not asked about the change of name then what is the relevance of your reply?
Rajendra K Goyal (Expert) 26 September 2016
If it is a case of change in the name of father, you can not change the name of father of a child without consent of his biological parents.

For adoption, consent of biological parents required.
Guest (Expert) 26 September 2016
Academic query.

By the way, what you have to say for the following points:

1) Affidavit given to whom?

2) Have you legally adopted the boy? and

3) After the date of affidavit, by what name the boy would be known, as according to your own statement, your affdavit says, "i have give him my name by affidevit that TILL TODAY this boy will be known as sahil shakil shaikh"?
R.K Nanda (Expert) 26 September 2016
Nothing to add more.
Shakil (Querist) 26 September 2016
This affidevit was given in school where child is studying that pls change the name of the son because we remarried and although i am not a bioligical father of the son but want to give my name on board that i have take all the responsibility of this child from today
Raj Kumar Makkad (Expert) 26 September 2016
What is the status of the biological father of the child?

Whether he is alive or not?

If yes then the sole course open for you is to get legally adopted that child from biological parents of that child.
Guest (Expert) 27 September 2016
While your statement, "from today" is contradictory to your earlier statement "TILL today," you have not replied whether you have adopted the boy legally or not.

Also reply questions of Shri Raj Kumar Makkad.
Rajendra K Goyal (Expert) 27 September 2016
While the replies of questions from expert raj kumar makkad pending it is advised that without consent of biological father / parents neither the name of child can be changed nor he can be adopted normally.
Raj Kumar Makkad (Expert) 28 September 2016
The silence of the author speaks loudly that the query is not genuine.
Shakil (Querist) 29 September 2016
The biological father has remarreid to someone and have another child with his remarriage and he has not any interest in his previous child to whom i have given my name just giving affidevit in school that change the middlename of the sun.
Guest (Expert) 29 September 2016
Law cannot change for you.
Raj Kumar Makkad (Expert) 29 September 2016
Despite of aforesaid factual position, the adoption is required to be made. someone can make biological father to understand that this son shall also be entitled to inherit his property in case he do not gigve him in adoption. The child is also entitled for the grant of monthly maintenance allowance which contains education and other expenses.

The possibilities of adoption in such cases cannot be ruled out.
Rajendra K Goyal (Expert) 29 September 2016
You said:
The biological father has remarreid to someone and have another child with his remarriage and he has not any interest in his previous child to whom i have given my name just giving affidevit in school that change the middlename of the sun.

Reply:

position does not change, adoption with the consent of biological parents or name change with the permission of biological parents required.


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