Chinmay Upadhyaya 12 November 2015

Adoption authenticity

Hi Law Practitioners

Wish you a very Happy New Year !!!!

I married to a women who has got 2 children from her last marriage. In her divorce decree Honerable Judge has clarified that father has give up all rights of costody of their children. After our marriage children have come to me in a natural way. I have taken layers advice and as he suggested at that point of time in 2009 we have done Dattak Vidhan Dastavej as per Hindu Law and done Registry with witnesses in registrar office in ahmedabad. Then we have applied for Gazatt and changed the children's name officially in school. now when we are applaying for a children passport, the passport office says its not an official adoption, you have to have an official order from family court. Further more lawyers are saying after the age of 16 it will be dificult to have an official adoption. I really dont understand what is this !!! My son is about to finish 16 years on 23rd December'2015.

I would like to share that natural father of children has demiced before 2 years.

Is it a very complex, matter?

You are requested to advice us correctly

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3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 12 November 2015

officially U have to adopt as per section 7 of HAMA.Now that the biological father is no more,it would not be a problem..But the child should not complete 18yrs of age.But official adoption as per HAMA has to be done as per the rules and regulations laid down

prabhakar advocate (advocate) 12 November 2015

Consult a local advocate and send a legal notice to the passport department enclosing the court order and the death certificate of deceased biological father and gazette notification and also showing your willingness to give any affidavit under the rules. Wait for 15 days and file writ petition against the passport department in High Court and your children would definitely get passports. Warm regards.

siddhartha sinha 13 November 2015

1 You are the de facto legal guardian appointed by court 2 Sec 6:of Passports Act specifies reasons for which passport is to be refused, no other reason allowed. 3. RPO is not an adjudicating authority 4. The consent of the bioligical father is expressedly clear as per court decree u said. Even if he were alive no problem was there. Now that he has expired it is no problem. Do exactly as expert above has said.