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Marc K (Business Developer)     11 August 2018

Adoption of daughter by step father

Hello Experts,

Would need some clear direction from you on the below:

  • My cousin was divorced in 2009 and had a daughter from the previous marriage. The decree states clearly that custody of the daughter would be the mother. She has neither demanded any child support from her ex-husband.
  • She remarried this year and now wants to get the process of adoption for her daughter with the step father
  • The marriage was as per Hindu Marriage Act and she's based off Mumbai.
  • Her ex-husband is not in contact with us anymore and we don't know his weherabouts.  

Could you please detail out the procedure for the name change, adoption deed and which all documents need to be produced / changed for this overall process.




 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     11 August 2018

Dear querist, 

You have to register an adoption deed in the registrar office of your area, if the biological parents are consenting. Some places the registrar will not agree without a court order. If the registrar makes objection you will have to get a decree from the court and the based on that court decree/order a deed of adoption has to be registered in the sub-registrar office. So first find out from the office if they need a court order as the biological father is agreeable and the custody of the daughter is with the biological mother.


If there is a divorce order, you should attach the same.


Biological father's presence is not needed only NOC from the biological father's is enough.


Since this is your step daughter, NOC from father alone is required. The biological mother can give you the child in adoption and she is the one party signing and you the other party, adoptive father.

SOLOMON.RAJ (advocate/director)     12 August 2018

You can approach the court and file under the guardians and wards act. The normal adoption and registration doesnt have any legal sanctity in your matter.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.

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