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SSSSSSSSSS (Manager)     09 October 2013

Change of name (minor) in birth certificate

 

Hi, 

I am a single mother and got divorse(exparte ) in March 2013. My son is 4.5 years old now. His custody is with me and their is no claim for his access  from the other party.  I have to put him in his higher school and i want my name to be given to him in his school. His school has asked for the legal documents for his name change, kindly let me know how can i go about it in a shorter time. Also i would like to change his name in the date of birth certificate as it is with his fathers name. His original date of birth certificate is issued from Mumbai- Maharastra. Can anyone please let me know the procedure for his name change in both DOB ? I know their would be lot of obligations but as a mother i dont wish to give my child a name of a person who was never bothered to know about us . I hope you all will give be the positive solution.

PS: I have my childs Adhar Card in my name and also i have added his name in the Ration card of my father.

Thanking you in advance

SM



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     09 October 2013

Any alteration in the birth certificate can be done only on the direction of a court order, be it an erroneous omission or change of name/date in the birth register held by the Registrar of Births and Deaths. You have to file a civil suit seeking the said relief but your husband has to be impleaded as a respondent without fail because he divorced only you and did not renounce your child.  He is the biological and legitimate father of the child hence he has got all the rights over his minor child as you do.  The court will not act as per your urgency, you may proceed with your child's admission for the time being with the present name itself, go for civil suit seeking your relief, after getting it, proceed with next course of action.

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SSSSSSSSSS (Manager)     10 October 2013

Thank you Sir,

Do i have a option of changing his name through Gazette so that i can use him my name. Also wanted to keep you posted that i have added him in my ration card, his adhar card is my name. Just fyi my husband only turned up in the court once that too after court sending him 3 notices, after that again he remain absent till the time i got the judgement and decree. I understand he also has the same right as i have but why to give a name of a person who have never looked after him. My son doesnt know his fathers name, he has not seen him, neither he has attempted to meet him. In that case i dont want my son to undergo such trauma's . I have to take his admission within weeks. Also if i re marry will my son get the name of the new person whom i will get marry. I am in lot of pressure. Please help me.

 

Regards,

SM

T. Kalaiselvan, Advocate (Advocate)     10 October 2013

Your doubts are unnecessary.  I will clarify all your doubts, firstly,the child did not jump from the heaven to become your child, and you have not created him all alone, thus there were two people involved in the process who become the owners of the child, i.e., the legitimate or biological parents.  Can this fact be denied? If this cannot be denied, how can you deny the law of the land in this respect?, You have options to declare your son's name from X to Y for the reasons you had stated thereon through a court of law, in this you implead your husband as a respondent to file his objections, in case your husband is not appearing before court despite receiving notice, you can get an ex-parte order based on which you may proceed as per your wish.  If you intend to approach court for this purpose, then better not to have your child's name changed so soon in any other documents because that may go against you.  Your son cannot adopt new name on your re-marriage to some one. There is nothing wrong in your son having his original name until then till you get his name changed officially.


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