Gazette notification
chandra
(Querist) 06 March 2014
This query is : Resolved
Deed of Adoption is registered in mid-2009. The aadhar card, passport, pan and documents in school records everywhere the adopted father name is available. But the birth certificate consists of the natural father name.
When my daughter apply for any exam, the natural father name is getting printed in the marks memo because of the birth certificate.
I am feeling embarrassed to submit the adoption deed everywhere even after having so many proofs; and whenever i am reminded that my daughter is adopted one.
Now, someone advised me that if there is a gazette notification in this regard, my headache will go. I do not know what this gazette notification. How is it possible to go for this after 5 years of adoption. Please help.
ajay sethi
(Expert) 06 March 2014
the change of name of adopted daughter has to be published in official gazette . also local newspapers .
ajay sethi
(Expert) 06 March 2014
you can also apply to registrar for noting changes in birth certificate as per circular issued by Registrar General in 2012
ajay sethi
(Expert) 06 March 2014
Adopted children get certified status
TNN | Mar 20, 2001, 02.32 PM IST
BANGALORE: Adoptive parents can consider admission ordeals a thing of the past. With the special directive that makes issual of birth certificates mandatory for adopted children, life can be much easier for adoptive parents during the March-April admission rush.
Earlier procedures were not that simple. Adoptive parents were denied a birth certificate making procedures complicated especially during the admission period at schools. The affidavit given by the adoption agency stated that the child was adopted. But besides, the fact that parents resented the foster status, schools also threw up hurdles for these `special status' children.
In the background of the above problems, it is surprising that very few people are aware that an order has already been passed at the national level stipulating issual of birth certificates to adoptive parents some timeago.
According to K Narayana, under secretary to the Karnataka government, Urban Development Department; The Director of Bureau of Economics and Statistics, Bangalore is the chief registrar of births, deaths and marriages in Karnataka. In July 1999, the Registrar General of India had written to the chief registrar of births regarding the revised guidelines for adoption of Indian children.
One of the salient features of these guidelines was that, upon an application made by an adoption agency to the chief registrar of births along with all the relevant material in the form of an affidavit, the local magistrate could pass an order approving the particulars to be entered in the birth certificate (especially the name of the adoptive parents) and the same would then be issued by the Registrar of the area where the adopted child was found. "These guidelines were to apply both to children who are sponsored for adoption and for children taken on adoption from relatives and friends," he adds.
However, a year ago, SU-DATTA, the Adoptive Parents Association (Karnataka), had brought to the notice of the state government that these guidelines were not widely known and that birth certificates were not being issued according to these guidelines. The matter was reviewed at an inter-departmental meeting.
Following, this, the chief registrar of births has written to the Registrar General of the Karnataka High Court requesting that the provisions of the revised guidelines be brought to the notice of all magistrates in Karnataka. A copy of the letter with all the guidelines has also been sent to all the District Statistical Officers in Karnataka.
Nomita Chandy of Ashraya Children's Home says the order from the Registrar General of India is a convoluted one. "It is difficult to understand the procedures involved, for including the names of adoptive parents in the birth certificate." She says in this particular order "the jurisdiction and the responsibilities of the magistrate" are unclear.
"Even the department at the state level is not certain about the process." It would be better, she adds if the respective courts instead of a magistrate could pass the order approving inclusion of the names and other details in the birth certificate.
Jaya K, an adoptive mother says a court order or a birth affidavit alone will not help. "School authorities are very particular about a birth certificate and will not accept anything less."
She is unaware of the special provisions that enables the inclusion of her name, as she had gone through the process of adoption years ago. On the other hand, even a passport and other important documents can be made on the basis of an affidavit.
On the legal side, at present, we do not have a uniform civil code for adoption in India. Barring the Hindu Adoption and Maintenance Act 1956, there is no law either at the centre or the state on adopting among other communities. As a result only Hindus, (including Sikhs, Jains and Buddhists) can legally adopt a child. Others have to acquire a guardianship under the Guardians and Wards Act 1890. Though for all practical purposes it is considered an adoption, in legal terms the relationship remains as that of a guardian and a ward.
Though legally adoption is entangled in archaic laws, socially the concept is gaining more importance in India. And Karnataka leads in the number of adoption cases
Rajendra K Goyal
(Expert) 06 March 2014
Well advised by the expert ajay sethi ji. Good effort.
Guest
(Expert) 07 March 2014
Well advised
