My wife has a daughter from her first marriage which was divorced in 2008. The decree had clearly stated that full custody remains with the mother and that the mother will solely maintain the daughter. After our marriage, we got the child's name changed in Gazette and added my name and surname to her. The same has been now in her school as well as Aadhar Card as well.
I now want to issue a passport for my daughter, wherein I have the following queries:
1. If I want my name to be included in the passport as Father, I think I will need a registered Deed of Adoption. After 2010 amendment, can my wife give her daughter for adoption to me? Or we still need the biological fathers NOC?
2. If we need his NOC, then instead of above, can I apply for legal guardianship, since he has given full custody to my wife? Do I need his NOC again for this process. Format of NOC ? Does it be on plain paper or Stamp Paper or Registered NOC ? Can he send from his place of residence city without being physically present at the time of registration of Adoption deed ?
3. What kind of Adoption deed to be made? Its Format and in which court it needs to be registered?
4. Recently, Kolkata High Court and Mumbai High Court has allowed petitions for exclusion of biological fathers name in passport in similar cases, where there is a custody order in the decree and a valid deed of adoption. Is it possible in my case?