sify (Administration) 18 April 2011

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Dear Experts,

I am divorcee and remarried. Have a daughter out of my first marriage, whose total custody is with me. after remarriage, changed the Fathers name in all my daughters school records with my second husbands name.

Now the problem is the birth certificate of my daughter is showing her biological father's name and all other educational records shows my second husband's name as her father. when we approched to do her passport , we are now facing problems. Kindly let me know how this can be sorted out?

1. Will an adoption deed can be done ? ( my daughter is now 20 years)

2. Can she legally change her name with her present father's name?

3. Is is necessary that the one father's name and the surname (or the initials) should be same?

thanks

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7 Replies

Tajobsindia (Senior Partner ) 18 April 2011

@ Author

1. Will an adoption deed can be done ? (my daughter is now 20 years)
Take: Yes, after re-marriage an Adoption Deed was mere formality for future records that was meant to have been done. Now also it is not late your second husband can approach District Court to get one done.

2. Can she legally change her name with her present father's name?
Take: No, she has to be adopted by step father to have to do so now.

3. Is it necessary that the one father's name and the surname (or the initials) should be same?
Take: till 18 / 21 years it is a must after that a child can do as per his / her informed wishes as per Law.

sify (Administration) 18 April 2011

Thanks a lot for your reply.

Will the adoption process require a consent from the biological father ? I dont know about his whereabouts.

Tajobsindia (Senior Partner ) 18 April 2011

1. NO, since it was a valid Divorce plus the child is Major.

2. All you need is a Family Law Ld. Advocate to consult and get over with these pending issues and for the same check LCI list of family law Ld. Advocates of your location city and seek appointment to discuss and solve them out.