Adoption of a child from first marriage of my wifr

Originally posted by : Shashank
	Hi.. I got married in 2003. I have a son of 12 yrs and a daughter of 10 yrs from first marriage. It ended in divorce due to lack of understanding between myself and my wife. My children live with my wife as of now. No one has filed for child custody. I m going for remarriage. The woman I am going to marry has a son of 5 yrs. I wish to know that can I adopt the child or is there any law that I cannot adopt a male child if I have a son already..

If you already have male child then you cannot adopt another male child. 

Plus you need to get approval from original father in writing regarding adoption.

When the child has already original father, court wont allow adoption.  Even if original father give approaval in writing it wont bar him from claiming maintenance in the future or custody or visitation.

By now you must have understood the importance of relationships.  Instead of fighting in court for a pc of paper, try to develop and build relationship with the child and the mother, that will be more helpful for you.

Court is just an option without no success rates.

You have not made IT clear which personal law applies in your case e.g; Hindu?

GO thru New Rules;

Adoption Procedure for Step Parents

52.          Adoption by step-parent:

The couple (step-parent and one of the biological parents) shall register in Child Adoption Resource Information and Guidance System with the required documents as mentioned in Schedule VI.

55.          Legal Procedure:

The prospective adoptive parents, who intend to adopt the child of a relative as defined in sub-section (52) of section 2 of the Act, shall file an application in the competent court under sub-section 2 of section 56 or sub section (1) of section 60 of the Act in case of in-country relative adoption or inter-country relative adoption, respectively, alongwith a consent letter of the biological parents as provided in Schedule XIX and all other documents as provided in Schedule VI.

Get in touch with CARA (Central Adoption Resource Authority).

https://cara.nic.in/Parents/Eg_step_parents.html

Also;

https://timesofindia.indiatimes.com/city/mumbai/Hope-for-dads-in-adoption-of-stepchildren/articleshow/5692047.cms

Also;

Delhi High Court

Kavneet Kaur vs Regional Passport Office ...

12. Given the circumstances that it is necessary to have father's name/legal Guardians name reflected in the passport and the fact that all the records and certificates of the petitioner reflect Tej Pal Singh as the father of the petitioner, the respondent is hereby directed to issue a passport in favour of the petitioner reflecting Tej Pal Singh as her father.

13. This Court is persuaded to pass the present order in the peculiar circumstances of the case where the petitioner asserts that she has been brought up by Mr Tej Pal Singh as a daughter and knows no other person as a father. Further, no prejudice would be caused on any person by including Mr. Tej Pal Singh name as the father of the petitioner.

https://indiankanoon.org/doc/161421327/

Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having successful track record ….. and worth his/her salt …for help and guidance.