• Adding stepmother's name to passport

My first wife had died and I have remarried. My son's passport had his birth mother's name. Now we want to update his Step Mother's name to the passport. Question is can that be done? Second will my present wife have to adopt the child? Third is, is there any future implication on doing this change? Also would like to know if the same can be changed in Aadhar, etc.
Asked 1 year ago in Civil Law

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12 Answers

Deed of adoption has to be executed wherein your second wife takes the child in adoption 

 

2) there has to be giving and taking ceremony 

 

3) then only name of step mother would be reflected in passport 

 

 

Ajay Sethi
Advocate, Mumbai
97489 Answers
7881 Consultations

1. Late mother's name can not be substituted by step mother's name.

 

2. Legally adopted mother's name can be shown in passport and other documents as mother.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

Biological parents give child in adoption to adoptive parents 

 

2) deed of adoption is executed 

 

3) there has to be giving and taking ceremony 

 

 

Ajay Sethi
Advocate, Mumbai
97489 Answers
7881 Consultations

As per law it is father who is the natural guardian of child above five years and above. So as such second wife does not require to adopt the child. Mere deed of adoption is not enough to complete adoption. In adhar card also only name of father is mentioned.

Siddharth Srivastava
Advocate, Delhi
1453 Answers

- Your said wife can file a petition for adoption before the district court

- This petition should be attached with the death certificate of your first wife, marriage certificate with you , and an NOC from you .

- Further, after getting the adoption deed from the court, you can use the same for replacing the name of first wife from all the documents. 

Mohammed Shahzad
Advocate, Delhi
14758 Answers
224 Consultations

Your second wife's name cannot be added to the passport of your child as his step mother;

Step mother's name cannot be added to the passport of your son until and unless she has legally adopted your child. 

Aadhar card will not be having mother's name, however any parent's name can be filled up in the aadhar card online registration form , in that case the father's name will be removed and mother's name will be added, you decide that will it be valid to insert stepmother's name in aadhar card as mother. 

T Kalaiselvan
Advocate, Vellore
87691 Answers
2354 Consultations

You can have your second wife adopt the son born out of your first marriage after which his name can be added to the passport of the minor child.

T Kalaiselvan
Advocate, Vellore
87691 Answers
2354 Consultations

Under Hindu Adoption and Maintenance Act, 1956, Any Female Hindu, having a sound mind, a major, and is eligible for adopting a child can adopt a child.

As a biological father you can give your son in adoption to your second child. 

The person adopting should have the capacity and also the right, to take in adoption. The person giving in adoption should have the capacity to do

T Kalaiselvan
Advocate, Vellore
87691 Answers
2354 Consultations

Yes the aforesaid can be gone by making application for the same including adhar

Prashant Nayak
Advocate, Mumbai
32857 Answers
209 Consultations

As per law it is father who is the natural guardian of child above five years and above. So as such second wife does not require to adopt the child. Mere deed of adoption is not enough to complete adoption. In adhar card also only name of father is mentioned.

Siddharth Srivastava
Advocate, Delhi
1453 Answers

As per law it is father who is the natural guardian of child above five years and above. So as such second wife does not require to adopt the child. Mere deed of adoption is not enough to complete adoption. In adhar card also only name of father is mentioned.

Siddharth Srivastava
Advocate, Delhi
1453 Answers

In the United States, the process of updating your child's passport with your current wife's name will typically require legal documentation, such as a court order or a notarized consent form from both biological parents. It's best to contact the passport agency or consult with an attorney specializing in family law to understand the specific requirements and procedures for updating a child's passport in your jurisdiction.

 

Regarding the adoption of your child by your second wife, the necessity of adoption will depend on the laws of your jurisdiction. In some cases, if the biological parent who passed away was the legal parent and the surviving parent is the sole legal guardian, formal adoption may not be required. However, it's essential to consult with a family law attorney to determine the specific requirements and legal implications in your situation.

 

Changing the name on official documents like a passport and Aadhar card may require submitting legal documentation, such as a court order or an adoption decree. The process and requirements for updating these documents can vary depending on the issuing authority and the specific laws of your country or region. It's advisable to consult with the relevant authorities or seek legal advice to understand the procedure and any potential future implications.

 

 

Anik Miu
Advocate, Bangalore
10379 Answers
121 Consultations

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