Question:
My children were born from my previous marriage, which ended due to extramarital affairs. The mother left the children behind, and they live with me. I have remarried, and everything is going well. Now, I want to re-register my children’s birth and add my new wife’s name while removing their biological mother’s name. Will this cause any legal problems in the future?
Answer:
Under Bangladeshi law, children’s birth registrations are generally based on the biological parents at the time of birth. However, in cases of remarriage and changing family circumstances, there may be legal options to update certain details.
- Changing the Mother’s Name: Legally, a father cannot simply change the mother’s name on a child’s birth certificate without significant legal procedures. The biological mother’s name is tied to the child’s legal identity and, unless there is a formal adoption or court order, the father cannot erase her name and replace it with his new wife’s name.
- Adoption or Legal Guardianship: If the father wishes to have his new wife legally recognized as the mother, this may require a formal adoption process or legal guardianship. Adoption is a legally binding process that typically requires the consent of the biological parents (if available) and may involve court proceedings.
- Legal Implications: Re-registering the birth without the biological mother’s consent could result in future legal complications, particularly regarding inheritance rights, custody matters, and parental rights. The biological mother’s rights may not be fully removed simply through re-registration; she may still retain legal responsibilities and rights toward her children, especially if she is alive and has not officially given up her rights.
- Court and Legal Advice: To avoid legal issues in the future, it’s recommended to seek a court’s approval or legal advice before making such changes. A lawyer can assist in navigating the legalities of adopting the new mother or changing guardianship status, ensuring that the children’s legal rights and their biological mother’s rights are properly addressed.