pankaj sharma
Asked August 23, 2016

Adopted son using natural father's name

  • 1 Answer
  • 243 Views

dear sir please tell me that if a dopted son already uses his natural father name in place of adopted father name in his all educational credentials in place of adopted mother name of adopted mother is there and his adopted father died before adoption whats be the solution or is it a legal challangable matter..

Answer 1

Section 8 of The Hindu Adoption and Maintenance Act, 1956[1], discusses the essentials for a Hindu female to take in adoption (relevant provisions):

  • Sound mind;
  • Not a minor; and
  • Whose husband is dead
  •  Other relevant conditions for a valid adoption as laid down under Section 11 of the act[2]:

  • if any adoption is of a son, the adoptive mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son (whether by legitimate blood relationship or by adoption) living at the time of adoption; and
  •  if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted.
  • If the adoption is in accordance with the aforementioned provisions, then in such case the adoption is valid. The effect of adoption is that the son is considered to be the child of his adoptive mother or father for all purposes with effect from the date of the adoption and from such date all the ties of the son with his natural family is considered broken .

    The adoptive son is in most circumstances, considered as the son of the husband of the widow. The same has been substantiated by the Madras High Court in Arumugha Udayar And Ors. vs Valliammal And Ors.[3] Hence, inclusion of natural father’s name in educational credentials by the adopted son may be legally challenged and in case of conflict, the courts generally hold the adopted son to be the son of the adoptive parents, irrespective of death of the adoptive father, as the main aim of adoption laws is to end any ties between the child and the natural parents and allowance to inclusion of natural parents’ name would lead to major confusions.

    You may however, apply for changing the natural parents’ name to the adoptive parents’ name, both mother as well as father, in the education credentials, to prevent any future complications.

     

    [1] Available at: https://indiankanoon.org/doc/1494822/

    [2] Available at: https://indiankanoon.org/doc/1340229/

    [3] AIR 1969 Mad 72; available at: https://indiankanoon.org/doc/259968/

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