Rama mohan Acharya (Manager HR(Legal)) 16 February 2010

birth cert5ificate in case adoption

A couple adopted achild at athe age of 5 months. The adoptoin deed is also there. The birth certificate of the child bears the name of original father & mother . Now the child is about to go to school. The school authority wants the birth certificate. The present parents wants their name to be appear in placr of father & mother. In fact they dont want to submit the birth certificate .Can the adoptio n deed will work in place of birth certificate? Can the birth certificate be ammended? What is the procedure & under which law? If the certificate can be ammended then where it is to be done because now the child is at another place ,of course in India.

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6 Replies

Anil Agrawal (Retired) 17 February 2010

1. If the real name is entered, birth certificate CANNOT be amended. All certificates carry the names of father/mother too.

2. If it is adoption through court, submit the papers to school.

3. It is understandable that you want the name of adopting parents to appear on all legal documents, but, it is just not possible to erase the names of natural parents.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 18 February 2010

it is possible. by way of affidevit and a civil suit. you may also contact to the municipal or panchayet office where birth certificete issued. details you will get there.

Anil Agrawal (Retired) 18 February 2010

Municipality has no authority to change the child's name and parents name in the birth certificate. To my knowledge, when a child is adopted from an orphanage, one of the condition is that the name shall not be changed. Please check on that.

Was the child adopted legally with the permission of the court?

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 20 February 2010

The adoption deed would work in place of birth certificate. Besides that you can give your sworn affidavit alongwith the adoption deed reagarding the date of brith of the child.,

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 20 February 2010

ADOPTION DEED ALONE WILL NOT WORK. affeidevit and a civil suit will work

Anil Agrawal (Retired) 20 February 2010

In one case, the school did not accept the adoption deed. Insisted on production of birth certificate. No uniformity is found in India in these matters.

Please check on your local requirement.