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Ana (exec)     25 July 2018

Adoption of a son by step father

Hi... I am remarried in June 2017 an have a son aged 9 years from my earlier marriage. It was a mutual divorce and I have the custody of my son. Now my husband wants to adopt my son. My husband has a son aged 10 years from his earlier marriage who is now in custody of his mother.  What is the procedure to adopt my son by the step father?


 2 Replies

Vijay Raj Mahajan (Advocate)     25 July 2018

You only have custody of your minor son not his sole guardianship. The biological father of the minor is the natural guardian along with you the biological mother. You will have to first take consent of the natural guardian of the minor son about the adoption of the child by your second husband.


First you should obtain permission of your first husband in writing that he has agreed to let your 2nd husband adopt your son from 1st marriage.  I dont think that will be possible in this lifetime.

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