Validity of Birth Certificate for Passport
We got the marriage certificate issued in 2014. The name of my wife was given as "A B C". Her original name on the birth certificate (and all other govt issued documents) is "A D C". Her middle name was changed before marriage in 2012. (She was adopted, so her middle name was changed). We had made affidavits, newspaper ads, etc for the same. When she went for issuing "Passport", her marriage certificate was rejected. Reasons: the adoption is not possible for any child after the age of 18 years. So basically her name change was deemed Invalid. How can we proceed for getting "Passport"? Note: My wife's name "A B C" is also added on my Passport.
As per the passport seva website, in case of change in name, a mere affidavit should suffice. So in case the name mentioned in the birth certificate does not match with her real name, she must ensure that there is an affidavit supporting her claim. However, the most effective tool in order to prevent any future problems would be, to get the birth certificate corrected. This may be done by applying to the local municipal ward. You may be required to submit supporting documents such as affidavits, newspaper cuttings etc., for the same. However this will ensure that you do no suffer from any future harassment.
Sections 7, 8 and 9 of the Hindu Adoption and Maintenance Act, 1956 lay down the conditions of a valid adoption. Section 9 is the most important with respect to your problem since its states that no person below the age of fifteen years can be given in adoption unless permitted by custom. Thus, your wife’s adoption is invalidated by the violation of this provision.
Since your wife was adopted when she was an adult, in my personal opinion, she can sign a declaration stating that she has wilfully taken the family name of her adoptive parents and is acting in the capacity of their daughter for all legal and non-legal purposes. Simultaneously, the adoptive parents may also declare to that effect that they have wilfully taken your wife to be their daughter/heir for all legal and non-legal purposes. There is no judgment by any court validating adult adoption. However, such legal declarations shall not befit the guidelines of adoption laws in India but should not be illegal either. This shall validate your wife’s middle name making it easier for her to get a passport.
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