Originally posted by: Deltablues
Abhinav has legal rights on Abhir because his name is on his birth certificate with his mother's consent. Only a mother knows the paternity of a child and not even DNA tests are full proof. If Akshara was divorced with Abhimanyu when Abhir was born then it's her prerogative what she does.
Technically, Abhimanyu should have filed a paternity + custodial claim cuz Abhin is his father legally as well as in every way that matters lol
No writing Abhinav's name in the birth certificate is what Akshara did wrong - legally.
About rights yes Abhinav have rights coz Akshara took the law in her hand in a way. Which Abhimanyu can prove very easily. Also, neither is Akshara denying the fact the baby is biologically Abhimanyu's and whatever reason, whoever was at fault he wasn't informed.
The case is on hold from both party but was filed.- will count as a proof of who is the biological father.
Unless in the adoption papers both Akshara and Abhimanyu signed and give legal rights to Abhinav. He has no rights on Abhir.
In case of something happening to Akshara, to win custody of Abhir he will have to prove how Abhimanyu isn't fit to raise Abhir and all.
As i said emotionally it's a different thing and i am not commenting on that.
I know this coz i have two cousins who are adopted.
One of my uncle married my aunt who has two kids from her previous marriage and recently when my cousin needed education loan to go abroad. He has to call his father to come and call in all legal documents my uncle wasn't required even though it's them who lives together and everything.
Law is law and ap father ji banoge doesn't work legally.
Emotionally Yes
Edited by chaipaani - 2 years ago
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