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PRANAB   08 May 2016

Name of father to be used by a child of divorced lady

One of my friend intend to marry on divorced lady whose have one child.the age of that child is 11 yrs.that lady is a govt employee.get also divorced legally though that is ex-partee.now the question is that is there probability of creation of any problem if they get married in near future?if married, may that child get the name of his new father? whether adoption is required or not?that lady is also getting confusions of preparation of ration card, school certificate etc.pl guide. 



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 6 Replies

adv.bharat @ PUNE (Lawyer)     08 May 2016

1) After divorce of lady her child may use his previous fathers name as per his wish.

2) If that lady don't want to use previous father name then she continue with new husband name. Before that she need to produce new marriage certificate. Change her name by publication in official gazette. That is give affidavit and publish it in daily news paper in vernacular language.

Thanks

Dana Kayoni (Expert Humanitarian and Lawyer)     08 May 2016

Forget name, its best to forget this, such marriages wont work and will create big headache in future, already she is divorced one time, better find some other woman and be safe than sorry.

G.L.N. Prasad (Retired employee.)     08 May 2016

Now, providing even mother's name is valid for all purposes. (instead of father's name)

saravanan s (legal advisor)     08 May 2016

As long as the ex husband agrees for the adoption of your child by the person you intended to marry your ex husband will be continue to be the biological father of your child

P. Venu (Advocate)     08 May 2016

Name is a matter of personal choice. In all matters, except inheritance, the couple can adopt any course they are comfortable.

However, the child will not be legal heir to the stp-father unless duly adopted.

Kumar Doab (FIN)     08 May 2016

The name of biological father remains in all certificates and even courts may not agree to change.

The recent Punjab and Haryana High Court judgment may be pursued.

The experts have replied to other aspects.


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