Legal Question in Family Law in India
I am a Hindu lady and I have remarried a Hindu gentelman. I have a son from the last marraige and I have his legal custody.
We would want to chnge his name and the Fathers name on My sons passport. Can I do that and what is the process.
I husband is willing to do legal adoption of our son if thats required.
4 Answers from Attorneys
Yes, that will be required; but before that, you need to obtain consent of your first husband (the biological father of the child) for adoption of your son by your second husband.
I differ with opinion mentioned here in above . What was the courts order with regard to your sons custody while granting you the same. Your new husband automatically becomes the step father of your child. and there is no need for adoption.
obtain consent from your former husband.
in case you remarried after the decree of divorce, your present husband becomes the step father of your son and there is no need for adoption as adoption is a different procedure and does not apply in this matter. the child may start using his step father s name.
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