Adoptive father cannot replace biological dad on birth cert: Court
Saeed Khan TNN
Ahmedabad:17.12.2018
A local court here has refused to replace the name of a child’s biological father with that of the adoptive parent on a birth certificate, saying that it was the “legal right of a child to preserve his or her identity — including nationality, name and family relations — as recognized by law”.
The adoptive parents had sought a change in the father’s name on the child’s birth certificate after the mother divorced her first husband and remarried. When the case went to the sessions court, it said: “It is not legal and valid to replace the name of the biological father or mother with that of adoptive parents… .”
During the course of hearing, the sessions court quoted the Madras high court, which had in a similar case observed, “Assuming (God forbid) that there is yet another marriage, as it happens without much ado in western societies, is it possible to change the name of the parents every time there is a divorce followed by a fresh marriage?”
The court had, in fact, two different cases of this nature before it. In the first case, residents of Ranip in Gujarat Jagdish Patel and his wife Vaibhavi wanted to remove the name of the biological father, Kamleshkumar Jain, from the birth certificate of their daughter Priyanshi. Vaibhavi had married Jagdish after divorcing Jain. The stepfather formally adopted the girl as his daughter and approached the court for the declaration and to replace the biological father’s name with his. Vaibhavi also wanted to correct her name, which was written as Vaishali, in the column for the mother’s name. The court flatly refused to order the change in names.
In the second case, Bopal residents Bhanuprasad Chaudhary and his wife Shilpa wanted to remove the latter’s first husband Ghanshyam Patel’s name from the birth certificate of their daughter Manali and replace it with Bhanuprasad’s. Shilpa had remarried after her first husband had died. In this case too, the court turned down their request.
For full report, www.toi-.in
The court said that it was the “legal right of a child to preserve his or her identity — including nationality, name and family relations — as recognized by law
Saeed Khan TNN
Ahmedabad:17.12.2018
A local court here has refused to replace the name of a child’s biological father with that of the adoptive parent on a birth certificate, saying that it was the “legal right of a child to preserve his or her identity — including nationality, name and family relations — as recognized by law”.
The adoptive parents had sought a change in the father’s name on the child’s birth certificate after the mother divorced her first husband and remarried. When the case went to the sessions court, it said: “It is not legal and valid to replace the name of the biological father or mother with that of adoptive parents… .”
During the course of hearing, the sessions court quoted the Madras high court, which had in a similar case observed, “Assuming (God forbid) that there is yet another marriage, as it happens without much ado in western societies, is it possible to change the name of the parents every time there is a divorce followed by a fresh marriage?”
The court had, in fact, two different cases of this nature before it. In the first case, residents of Ranip in Gujarat Jagdish Patel and his wife Vaibhavi wanted to remove the name of the biological father, Kamleshkumar Jain, from the birth certificate of their daughter Priyanshi. Vaibhavi had married Jagdish after divorcing Jain. The stepfather formally adopted the girl as his daughter and approached the court for the declaration and to replace the biological father’s name with his. Vaibhavi also wanted to correct her name, which was written as Vaishali, in the column for the mother’s name. The court flatly refused to order the change in names.
In the second case, Bopal residents Bhanuprasad Chaudhary and his wife Shilpa wanted to remove the latter’s first husband Ghanshyam Patel’s name from the birth certificate of their daughter Manali and replace it with Bhanuprasad’s. Shilpa had remarried after her first husband had died. In this case too, the court turned down their request.
For full report, www.toi-.in
The court said that it was the “legal right of a child to preserve his or her identity — including nationality, name and family relations — as recognized by law
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