• Adoption process

I have adopted a Child from a known friend 3 months ago, i got adoption deed registered at Tehsildar office after one month, the biological mother and father of the child were present at Tehsildar office and gave their statement in front of Tehsildar and photography was done.

 Now my lawyer says that it is Mandatory to file application to sdm of the area for change of name of mother and father in birth certificate and to register name of child at gram Panchayat. For this the biological mother and father of the child are again required to be present in front of sdm to give their statement again, now the biological mother due some psychological problems is not willing to go to sdm office and her husband is saying that he requires some time to get his wife mentally fit to give statement in front of sdm

I want to know that is it mandatory to go to sdm for changes in birth certificate and to get child registered in gram Panchayat.

What to do if biological mother doesn't come to sdm court.

What other solutions we have for getting change of mother and father in birth certificate and to get name of child.

Can at any time the biological father can challenge the adoption deed.
Asked 4 years ago in Family Law
Religion: Hindu

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22 Answers

Yes. Since the adoption deed is validly registered and is not set aside by any court as yet its bound to be given effect to. 

So you can file an application before the court of ward which can summon both parents to record their statements. 

However before the court they can dispute the adoption. 

So first make them agree for this and then go for court order. 

Without court application also your adoption is very much valid. To remove the anomaly of names mentioned in the birth certificate you can produce adoption deed.  This is  very much a valid procedure. 

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

For valid adoption it is necessary that there must be giving and taking ceremony 

 

2) in addition deed of adoption is necessary 

 

3) in present case both requirements have been satisfied 

 

4) deed of adoption would be valid 

 

5) advisable to get name of adoptive parents reflected in child birth certificate 

 

6) even if deed of adoption is challenged biological father may not succeed as there is registered adoption deed 

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

It may be mandatory in your state that prior permission of SDM court is necessary for change of name of parents in birth certificate of child 

 

court can issue notice to biological parents 

 

after considering their reply court can pass orders for change of name in birth certificate 

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

Please get Special Power of Attorney from Biological mother to appoint biological father as her attorney to appear and make a statement before SDM.

Legally it is allowed. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

File a declaration suit for getting the required changes done

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir,

You may so by filing a suit and alternatively their affidavit may be also prepared and submitted before the SDM office and they may be required to visit maximum for only one day. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

They can execute affidavit that they have given child in adoption 

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

If possible the affidavit will solve the purpose. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

- As per law, after a child is adopted, a new amended birth certificate will be issued. Instead of the biological parents’ names, the new birth certificate will have the names of the adoptive parents. The amended birth certificate will also include the child’s new name, if their name is being changed.

- Hence for changing the same both the parties have to appear before the SDM , except a court direction to the SDM without the parties appearance. 

- Since, you have already registered the adoption deed , hence you should move an application with the deed before the SDM , and request thereby to change the name etc in the absence of biological parents or otherwise through a POA . 

- If SDM refuse , then file an application before the court for getting direction for the same. 

Mohammed Shahzad
Advocate, Delhi
14417 Answers
221 Consultations

For getting the name of the biological father replaced with the adopted father's name in the birth certificate, you should approach the court of law to declare the adoption deed as valid and seek direction to the registrar of births and deaths to make an amendment in the registrar of births and deaths. If they do not appear or give statement, court may pass ex parte order on the basis of adoption deed and photograph.

Adoption is valid. 

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

Get the notice served upon them on WhatsApp message and E mail.

After service if they do not attend or appear before SDM then apply for Ex party order. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

They are not required in the declaration suit 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes you can do the aforementioned thing and approach the Court

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

take affidavit from Biological parents regarding Adoption. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

The adoption deed has been made and is registered. Now there is no need for them. The name can be changed as per the adoption deed. The adoption is irrevocable. They cannot demand the child bacn and neither can you return him.

Now they may challenge but they have to show that there were duped defrauded.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Yes you may do so.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

I don't think that it is mandatory.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

They have to appear in person before the court.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

This is unheard of.

You may ignore this lawyer's advise and engage the service of a different lawyer.

If there is a valid registered adoption deed, then on the basis of the said deed, they can submit an application to the registrar of births and deaths for change of name of the parents of the child from biological to adoptive.

SDM court has nothing to do with this.

If at all the registrar of births and deaths object to the change of name, you can file a suit for declaration  to declare the adoption as legally valid based on the registered adoption deed and also a direction to the concerned registrar to change the name of the parents'  of the child from biological to adoptive.

You better ignore this lawyer and take the advise of a non-greedy and good lawyer who will be able to guide you properly.

 

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

There is no necessity to approach SDM court for any purpose.

The local people may have made it a practice to approach SDM for all such things, but as per provisions of law, if the registered adoption deed has been declared valid by an order of court of law, then that will be sufficient for all such purposes.

 

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

You first consult a different lawyer for a second opinion and a different solution.

Do not stick to one lawyer's bad opinion itself even without analysing whether that opinion is the only solution to this problem or if there are are some other solutions also.

 

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have adopted the child legally but now the biological parents are not willing to come forward for the name change in the birth certificate.
  2. I would like to apprise you that yes it is mandatory of their presence irrespective of the facts that the adoption deed is a registered documents.
  3. Serve them a legal notice first for coming forward to do their obligation.
  4. And if not come then file a suit for declaration and for direction to the parents to come and complete the obligation.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

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