Legal Question in Family Law in India
status of children on remarriage
I am a widower with an adopted daughter who remarried- wife is a divorcee with one son and she has sole custody plus guardianship as her first husband gave up guardianship. What is the legal status of the children? Issues are -Whose name should appear in documents like passport as father and mother? Should i adopt the boy and she the girl? Is it legally possible? thanks
2 Answers from Attorneys
Re: status of children on remarriage
Your question is very much logical and technical.As you have adopted the girl before second marriage the girl becomes your second wife's daughter too,by law.You can adopt the boy,again legally,and he acquires your name as father and your wife as mother.The first husband of your second wife has already legally left his guardianship of the boy you may not find any obstacles in the process.
Re: status of children on remarriage
(1) Adoption of a child is possible with the consent of both the parents;
(2) In the children's passport and other documents the names of their actual (biological) should appear until the same is changed by adoption.
(3) You may adopt the son with the consent of his father; however, since you are widower, there may no requirement of adopting your daughter by her, because she is the step-mother anyway.