Whether name of step father can be entered in birth certificate in place of biological father?
Thus, from the above, it transpires that even if there is a divorce between biological parents of the petitioner, in the presence of the biological father, the step-father of the petitioner cannot give the petitioner in adoption with his biological mother. Even under Section 8 of the Hindu Succession Act, 1956, the step-son is neither Class-I nor Class-II heir.
Thus, from the aforesaid discussion, it transpires that correction in the Birth Certificate in the Register of Births and Deaths of the adoptive parents can be made if it is proved to the satisfaction of the Registrar, that too in accordance with the other terms and conditions mentioned in Section 15 of the Act but the entry of a step-father, replacing the name of the biological father in the Birth Certificate maintained under the Act, cannot be made.
Punjab-Haryana High Court
Baljit Kumar vs State Of Punjab & Ors on 4 May, 2016
CWP No.3560 of 2016 (O&M)
CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain
https://www.lawweb.in/2016/05/whether-name-of-step-father-can-be.html
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