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LION KING27 (DIRECTOR)     18 April 2012

Legality of child born out of wdlock

I HAVE ACROSS A CASE WHERE A PERSON IS THE BIOLOGICAL FATHER OF A CHILD BUT NOT THE LEGAL FATHER  .( CONFIRMED WITH DNA TESTS).

THE CHILD WAS CONCIEIVED WHEN THE WOMAN WAS IN A MARRAIGE WITH ANOTHER MAN AS HE HAD TURNED OUT TO BE IMPOTENT. SO TECHNICALLY THE CHILD WAS BORN OUT OF WEDLOCK.

.AFTER DELIVERY OF CHILD HER HUSBANDS NAME WAS MENTIONED IN BIRTH CERTIFICATE AS BIOLOGICAL FATHER.

NOW SHE IS DIVORCING HER HUSBAND  WITH MUTUAL CONSENT TO MARRY THE BIOLOGICAL FATHER.

WHAT STEPS CAN THE BIOLOGICAL FATHER TAKE TO CHANGE BIRTH CERTIFICATE AND BECOME LEGAL FATHER ? CAN HE FILE A PETITION INCOURT CLAIMING PATERNITY OF A CHILD BORN OUT OF WEDLOCK. ?



Learning

 8 Replies

Shantanu Wavhal (Worker)     18 April 2012

DNA test is enough.

 

for name changing - 

affidavit + news paper publications.

DrMathewTM (President & CEO)     18 April 2012

What if the biolgical father & mother is deceased and the child was born in wedlock adopted with a different name, birth date and year within the family of the mother's?

There might not be any legal adoption papers as adoption was within the family (child given to the Niece of the mother in the 1970's).  What would be the steps to establish the legality for the child in the State of Tamil Nadu/India?  The foster/adopted parents might not be willing to admit adoption for fear of old age security so getting an affidavit from them on the adoption might be difficult.

and What if the child wants to have the initial birth name given by biological parents before adoption as an alternate name (Also Known As) as it is difficult to change the name in all  educational and other documents now.

Kumar (Family CEO)     18 April 2012

Have the Indian courts started Paternity / genetic testing as a matter of practice ? Which country is this case going on. 

LION KING27 (DIRECTOR)     18 April 2012

DNA test was done through a private lab in  USA where samples were sent.

what is the legal procedure to conduct a paternity/ dna test in india as i doubt test conducted in USA  will be accepted  in INDIA

i had heard about the ND tiwari case where son had filed paternity case . what are the legal rules to conduct DNA test . does the permission of legal father required to condust such test by biological father and mother. or mother's consent is enough.

DrMathewTM (President & CEO)     18 April 2012

For medical reasons, at the time of changing legal name and or alternate name in India/Tamil Nadu, what is the procedure for changing the actual birth date and year of the child which may be different from the adopted one? Is it also an adffidavit or some other evidence and publication in newspaper?

DrMathewTM (President & CEO)     18 April 2012

If the DNA paterniy test has been done in an actual accredited lab in the U.S and it was done legally (legal collection of samples with chain of custody), then it may be accepted in courts in the U.S. You need to find out from the lab if they will do legal collection of sample. If the Father is alive then you will need his consent to collect his buccal swab. Usually for paternity & maternity testing, three specimens are collected (buccal swab from child, mother, and father).

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 April 2012

Difficult question.

 

Are you the biological father?

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

DrMathewTM (President & CEO)     09 May 2012

Amit,

What does one have to write in the affidavit? Does the name change have to be published in a Newspaper being published in India (e.g Times of India, Indian Express, Hindustan Times etc) or can it be an Indian Newspaper published abroad e.g. India Abroad?

Best regards,

Dr.Mathew


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