Legal Question in Family Law in India

I got married for the second time in August of last year after a legitimate divorce.I am a Hindu and married to one too.I have a 6 year old son from out of marriage( which means i had him while i was still married and separated from my first husband).Now, how can my second husband make this child his own or in words adopt him?I have no whereabouts about the father of my child as he was working with me when i had my child and after disappeared. I need to know the process for I want to make sure that my child gets a safe future.Also at the hospital while giving birth to my child,my mom had my first husbands name written as the legal father.Hence the birth certificate has my first husbands name as the father .I want to get this changed to my second husband.I am not sure if this will help let me know if anyone has questions to assist me or give me suggestions.


Asked on 5/26/10, 11:32 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The child can be given in adoption only with the consent of his biological father. If he is not heard of for more than seven years, you, on behalf of the child, may seek a declaration about his 'civil death' and then give the child in adoption to your second husband.

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Answered on 5/27/10, 8:28 pm


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