Upgrad LLM

problem in birth certificate in adoption case

student

m adopted son of an unmarried woman (60yrs) she is legally my mother. i wana go abroad ..for this i need take my birth certificate with me. when i was born my natural mom dad did'nt registered my birth within 21 days . but as u also know sir .. here is any procedure to register it now also with certain documents, statements n witnesses .. i am also following this way... for this i was to my city birth registrar office (municipal committee) n they said yes u cn apply to register ur date of birth .. bt when they saw my case that m adoptive son of an unmarried mother then they were confused .. they said if any kid become adoptive son of any parents then that kid will get his birth certificate with the name of his adotive father and mother name ... not with the name of his natural parents ... bt in your case problem is this that your adoptive mother is unmarried then what we should write in the column of father's name ? bt sir ..i got passsport with the name of my adoptive mother on the base of my court's decree ... in that decree sheet i am declared to be the adopted son of this unmarried woman and for all purposes with effect from today and all my ties with my natural father mother shall be deemed to be severed and replaced by those created by the adoption in the adoptive family .further ,i am at liberty to change my records/certificates accordingly. so .. m now legally the adoptive son of my unmarried mother .. and with the help of this decree from court . bt sir now the problem is this .. either i cn get my birth certificate with my natural father mother's name or i cn get birth certificate also with my adoptive mother's name and if yes then what will be the father's name in my birth certificate ? i tried too much in related offices in my city n in my distt. but they jst laugh on my problem they say we never saw like this case n we do'nt know any abt this .. sir plzz reply me as soon as possible for this i will be very thankful to you . Balwant Singh

 
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Balwant sir have faith in God. All will be well!!!!!!. Your adoptive mother is umarried and she adopts you isn't your fault. What is needed here is to apply commonsense by municipal birth registrar office. They can leave the father' name option as blank as the women is unmarried.Before your birth adoption your adoptive mothers has follow a procedure, please collect all those documents and all make next attempt . Legally u a son of adoptive mother.
 
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LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

If you have been validly adopted after following the requisite legal procedures thereof, I fails to understand as to why the local Municipal Authorities are hesitant to issue you the birth certificate, on the strength of the deed of adoption, by  showing the name of your adoptive mother only.   Such denial by the Municipal Authorities would amount not only to an arbitrary action but it is illegal also.  Adoption is a legallly recognised process and all authorities are bound to take note of the same.  Further, the name of Father is not a mandatory requirement in every birth certificates,especially in cases of adoption.  You may personally approach the top-most authority of the local Munical Committee and represent your case for  due cosideration.  If no positive action is taken, you may resort to legal remedies againist them.

 
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