Legal Question in Family Law in India
After 6 months from now, I'm getting married to a dad of 2 kids. I, too, have a son. We want my son to be known as our son when we put him in school after our marriage. My ex would never give his consent, but at the same time he is not interested in getting the custody etc. For the last two years, i have been bringing up my son on my own.
I want to know what legal procedure shall my would be and I follow for adoption of my son by my would-be.
3 Answers from Attorneys
Contact your local lawyer for the procedure.
the adoption cannot take place unless your husband gives a written consent to the same but as you stated, he will never do that. in this situation, you may have to file a suit for declaration and the court would allow you to use your second husband's name for your child. its better if you communicate with your ex and explain him the repercussions and future complications.
The consent of father is required for change of children's father's name which is possible ONLY if he agrees for adoption of the children by your second husband
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