Generally, your new spouse cannot adopt your child in Bengaluru without the biological parent's consent, since Indian adoption law places significant weight on preserving a biological parent's legal rights unless those rights have been formally terminated or the parent is unable to be located or is otherwise legally disqualified from providing consent, reflecting the law's cautious approach to permanently altering a child's legal parentage.

Under the Hindu Adoption and Maintenance Act, 1956, applicable where relevant, or through the broader framework under the Juvenile Justice (Care and Protection of Children) Act, 2015, and its adoption regulations for cases falling outside personal law, adoption by a stepparent typically requires the consent of the other biological parent unless that parent has died, been declared unfit, has abandoned the child, or has otherwise had their parental rights legally severed through a court process. If your former spouse remains a legally recognised parent with ongoing rights, their consent generally cannot simply be bypassed to formalise a stepparent adoption.

If the biological parent is unreasonably withholding consent, has been entirely absent from the child's life for a significant period, or has demonstrated conduct that a court would consider grounds for terminating parental rights, your lawyer can approach the appropriate court in Bengaluru to seek a declaration addressing the biological parent's status, which may then open the door to stepparent adoption proceeding without their direct consent. This process requires substantial evidence and is not a quick or simple administrative step, since courts are understandably cautious before permanently severing a parent's legal relationship with their child.

Where both biological parents remain involved and cooperative, stepparent adoption becomes considerably more straightforward, requiring the biological parent's formal consent along with the other standard adoption procedures, including a home study and formal legal documentation finalising the new parental relationship alongside the existing one.

Given how legally significant and often emotionally charged stepparent adoption proceedings can be, especially where consent is contested, careful legal guidance from the outset is essential. The team at Aapka Legal Advice has helped Bengaluru families navigate both cooperative and contested stepparent adoption matters. Its family lawyers in Bengaluru, supported by a panel of retired judges available for consultation, can help you understand exactly what your specific situation requires before proceeding.

In summary, your new spouse generally cannot adopt your child in Bengaluru without the biological parent's consent unless that parent's rights have been legally addressed, making early legal assessment essential before pursuing stepparent adoption.