Adoption of stepchild with complicated parentage

As per HAMA consent is required by Father, now on record Father is AR, so consent should be taken from AR.

 

Regards,

Zoheb khatri

It's better you take permission from bothAB andAR as AR is in School records etc as the father. Why?; a s a single woman also you can adopt. If you are a widow, divorcee, Unmarried etc. If you are  a Hinsdu and the adoptee also a Hindu your adoption should proceed as per Hindu  Adoption and Maintainance Act.If you appreciate this answer please convey my forum thnaks by clicking the thanks button.

First of all, let ne congratulate you for the compassion towards your friend.

From the facts stated, your wife was not married to either NB or AR. As the single mother when the child was born, there is no legal requirement of obtaining NOC from  the biological father. AR is a mere stranger to the matter.

Originally posted by : Ms.Usha Kapoor
	It's better you take permission from bothAB andAR as AR is in School records etc as the father. Why?; a s a single woman also you can adopt. If you are a widow, divorcee, Unmarried etc. If you are  a Hinsdu and the adoptee also a Hindu your adoption should proceed as per Hindu  Adoption and Maintainance Act.If you appreciate this answer please convey my forum thnaks by clicking the thanks button.

Thank you for your quick reply.  As I mentioned, AB won't give consent, and he has no legal proof of a relationship to NB. Unless a DNA test is forced, there's no way to prove that the child is his. Since the admission of the child's fatherhood would land him in trouble with his first wife, he would not acknowledge the child, and giving consent is an acknowledgement. 

 

Yes, NB and I are both hindu. We were married under the SMA though, not the HMA. There's no school records yet since the child hasn't been admitted to school yet. We want to start schooling after the adoption goes through so as to have all documents have my name as the child's father.

Originally posted by : P. Venu
	First of all, let ne congratulate you for the compassion towards your friend. From the facts stated, your wife was not married to either NB or AR. As the single mother when the child was born, there is no legal requirement of obtaining NOC from  the biological father. AR is a mere stranger to the matter.

Thank you so much for your quick reply. It's true that my wife NB was not legally married to either AB or AR. There's no proof, legal or otherwise that AB is the biological father, unless a DNA test is compelled by AB. AB won't acknowledge the child as his because that would land him in adultery case with his first wife. AR is a mere stranger, but in the hospital records of the birth of the child, AR is mentioned as the father. We haven't collected the official birth certificate yet, but that takes data from the hospital's records, so when we collect it, it will have AR's name as the father.

 

There's no question of compassion here. I understand that is the social viewpoint, but I married NB because I have loved her for the last 10 years, and because her child has accepted me. At this point, I don't want any negativity from NB's past to shroud the child's future life. This is why I am trying to adopt the child before his schooling starts. School would need birth certificate, which would have AR's name as father. I want to be named as his father in all his future documentation. AR has agreed to provide NOC. My question is if this would be enough for adoption.

 

A different question if I may ask here - since we haven't collected the corporation birth certificate yet, is there a way for me to be named as the father in the birth certificate itself, even though hospital records indicate otherwise?

 

Again, thank you for your response.

Originally posted by : Zoheb Khatri
	As per HAMA consent is required by Father, now on record Father is AR, so consent should be taken from AR.   Regards, Zoheb khatri

Thank you for your quick response. We were married under SMA, not HMA. Would HAMA still be applicable in that case? 

 

A different question if I may ask here - since we haven't collected the corporation birth certificate yet, is there a way for me to be named as the father in the birth certificate itself, even though hospital records indicate otherwise?

Hi, Am a mother of 12 year old son, am legally divorced and remarried , now my current husband wants to adopt my child to give his name, what is the procedure, is it mandatory to take my first husband's concent in this, when am the mother of the child is alive. Do we need to change the name of kid in his caste certificate and birth certificate. & school records. As the child has the same csate certificate as mine and my current husband belongs to different caste. I belong to hyderabad ,Kindly suggest the procedure's and help me Best Regards,

Kindly post the matter in a fresh thread.

The query of querist @Poornima is posted at:

 

https://www.lawyersclubindia.com/forum/Adoption-of-step-son-by-step-father-and-name-change-process-145013.asp

Pursue; Hindu Adoption and Maintenance Act of 1956.