Legal Question in Family Law in India
Sir/Mam,
I m divorced woman and have a kid who is 3yrs n 4 mnths old. I m planning for the second marriage. i had a mutual divorce with my ex-husband wherein its mentioned that he can not claim the child. Is it possible that the person i m getting married to now can adopt my child...is adaption possible in this case? Or do we need to sign any other legal agreement? Please advise.. Also, my ex-husband is married now to someone.
3 Answers from Attorneys
no need to adoption child custody is with you so as person marry is a father of said 1
despite the fact legal custody is with you and your husband had also given undertaking in the court that he would not claim the child, still the written consent of your ex husband is required to change father s name of the child.
No consent or adoption is required in your case. yOUR NEW HUSBAND BECOMES THE STEP FATHER OF YOUR SON . The law is very clear what is mentioned here in above.