the biological father of the child has passed away, and now the stepfather (the mother’s new husband) wants to legally adopt the child

 the biological father of the child has passed away, and now the stepfather (the mother’s new husband) wants to legally adopt the child.

Here’s what to do under Indian law (I’ll assume you’re asking under Indian legal context, but tell me if it’s for another country):

✅ Step 1: Check the personal law that applies

• If the family is Hindu (includes Buddhist, Jain, Sikh), the adoption is governed by the Hindu Adoption and Maintenance Act, 1956 (HAMA).

• If they are Muslim, Christian, Parsi, or Jewish, then there’s no formal adoption law — they usually go under Guardians and Wards Act, 1890.

✅ Step 2: Check if the mother can give the child in adoption

• Since the biological father is deceased, under HAMA, the mother has the right to give the child in adoption.

• The stepfather (adoptive father) will need the mother’s consent to formally adopt the child.

✅ Step 3: Ensure eligibility under the law

• The child must be under 15 years of age (unless there’s a custom allowing older).

• The adoptive father (stepfather) must be of sound mind and not a minor.

✅ Step 4: Execute an adoption deed

• Though not mandatory, it’s strongly recommended to execute a registered adoption deed under Section 17 of the Registration Act, 1908, before the Sub-Registrar.

• This becomes legal proof of adoption.

✅ Step 5: Update records

• After adoption, update the child’s birth certificate, school records, passport, etc., to reflect the adoptive father’s name.