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destiny123 (-)     02 July 2021

Change of surname of my and my child after divorce.

Hello,

I have got divorce and I have 7 years old son living with me. I have got custody of him from court and My husband has no any visiting rights or any other rights on my son.

Now, I have some queries :

If I change my surname (currently using my husband surname) to my father's surname with his name, then should I have to also change my child's surname ? Or Would it be possible If I keep my son's name like <His name> <Mother name as middle name> <my father's surname> ?

Please advise. 

Thank you in Advance.



Learning

 9 Replies

Sankaranarayanan (Advocate)     03 July 2021

you can change our name as you wish and add your name addition to initial for your son

G.L.N. Prasad (Retired employee.)     03 July 2021

Such using the surnames and names are your will and wish.  You can use the names most convenient to you.  There is no such law against choosing names as they like, if it is not impersonation.

destiny123 (-)     03 July 2021

Thank you all for reply.

If I change my son's name like <His name> <Mother name as middle name> <my father's surname> , then would it create any problem/issue in future for passport or any other legal documents for my son ? 

Some local lawyers suggest me to change surname of both of us (Me and my son) to my father's surname because they said that if I keep my husband's surname with me and my son, then it will create trouble in future for passport when passport officer will ask to submit my husband's ID proof   ( and I know he will never give it to us ) for any verification... And they also said that my husband can also create any problem for us if I use his name with us (me & my son).

One more question - If I change my son's surname with my maiden surname, then Do I have to change his name in his birth certificate ? 

 

G.L.N. Prasad (Retired employee.)     03 July 2021

It all depends on the age of your son.  If your son is not yet completed 10th, you can change his name as you like in school records, and there may not be any problem.  If needed you can seek a modification of the name in a Birth certificate by paying such fees.  

It is presumed that all your qualification certificates are in your father's surname.  Get AADHAR and Voter card also in father's surname 

In the end, the qualification certificates, birth certificates, Aadhar, PAN, and voter card amount should be in one name only.

Modification is possible in every certificate except in qualification certificates.

destiny123 (-)     03 July 2021

Thank you Prasad sir for your quick reply.

My son is only 7 years old and he is in 2nd standard. 

Yes, My all qualification certificates are in my father's surname. However Aadhar & PAN card has my husband's surname. Before change surname in Aadhar & PAN card, I had so many confusion & doubts in mind, but now it is all clear & I can go ahead to changing name/surname process. 

After change surname in Aadhar & PAN card, I will have same name in all qualification certificates, birth certificate, Aadhar, PAN and Voter card.

And then On the basis of my Aadhar card (after name change), I will get my son's Aadhar card with my maiden name and will change his name in school records too. Right ?

1 Like

P. Venu (Advocate)     03 July 2021

Please note that, in our country,  there is no law as to how a person ought to be named. It is all a matter of personal discretion, on the basis of the prevailing custom and usage in the society as well as community. It is only that the change of name, once it has been entered in public records and certificates, need to be duly notified and published. 

Dr J C Vashista (Advocate)     04 July 2021

In patriarchal Indian society name/ surname of father is suffixed, if desired.

Your son should not (NOT) suffix name / surname of your father as your father is maternal grandfather/ NANA of your son.

T. Kalaiselvan, Advocate (Advocate)     07 July 2021

You can change your surname at your will following the procedures of law for change of name. 

There is no restriction on that.

It i a matter of change of name only hence you can proceed with your desire and decision to change your name as per your own will and wish.

Howe4ver since the child is born to both you and your divorced husband, to change the name of your son, you may have to obtain consent or NOC from his biological father.

By your divorce with your husband your son's relationship with his father has not been totally cut or discarded.

Even though you may be given the child custody through court, it is just a matter of custody over the minor child and not that you are entitled to entire rights of your child by yourself.

You cannot change the name of your child from the name appearing in the birth certificate to the name as per your desire at your whims or your wish.

If your ex-husband drags you to court of law in this regard you may have to face the legal consequences. 

Hence do not take a hasty decision on this, if at all you want to change the name of your child (even it may be surname), you may better take his consent/NOC or at least issue a legal notice to him for this purpose.

 

 

destiny123 (-)     08 July 2021

Thank you all for your reply.

Can I keep my name/surname with my maiden name and my child name/surname with his father name ? But if I do like that, then mother (my name) and son name will be different.

Then will it create any issue in future ? For example -  When I will apply for Aadhar card / PAN card for my son, at that time -  is it necessary to give my husband's ID card as proof ? (Because at that time, my Adhar / PAN will have my maiden name/surname and my son will have his father name/surname). I am really worried about it.

Please help.

Thank in advance. 


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