How to change name? What is the complete procedure and law?

Index

1.    Introduction
2.    Step 1: Executing a Name Change Affidavit
3.    Step 2: Newspaper Publication
4.    Step 3: Gazette Notification
5.    Special Categories of Name Change
5.1. Name Change for Minors
5.2. Name Change for NRIs and Foreign Citizens of Indian Origin
5.3. Name Change Post Gender Affirmation
6.    Judicial and Constitutional Backing
7.    Challenges in the Current System
8.    Conclusion

Introduction

Changing one's name is not a personal choice or social makeover; it is a legal procedure that requires strict compliance with statutory procedures and documentary standards. In India, the law of a change of name is not legislatively codified in one specific statute, but it is well established through various administrative processes and judicial precedents.

The process is based on principles of legal identity, administrative legitimacy, and state recognition, and practically realizes itself through three consecutive steps: preparation of an affidavit of change of name, newspaper publication, and notification in the Official Gazette. 

Once properly accomplished, these steps make the altered name hold legal validity and be enforceable in all official and legal documents, such as banking, identity, education, and property deeds.

The Basic Step: Preparing the Affidavit for Name Change

The procedural groundwork for a name change starts with the preparation of an affidavit. This affidavit is a self-claimed, notarized document of the intention of the applicant to drop his or her previous name and adopt a different one. The affidavit should be drawn on a non-judicial stamp paper worth a amount usually between ₹10 to ₹20, as applicable by state laws. 

It should well state the original name, new name proposed, personal details of the applicant such as full address, age, and purpose for the change. In the case of minors, the affidavit is signed by the parent or a legal guardian.

The affidavit must then be witnessed by a notary public, an executive magistrate, or a judicial magistrate first class, thereby giving the document its legal enforcibility. Even though this affidavit by itself is not the final, decisive evidence of a name change, it is the starting declaration upon which the remainder of the legal process relies.

Public Notification: Publication in Newspapers

After execution of the affidavit, the subsequent necessary step in the judicial approval of a name change is its publication in a minimum of two daily newspapers, one English-language and one regional vernacular language of the applicant's domicile state. The purpose behind this requirement is the doctrine of public notice and openness. 

The ad should specifically state the applicant's former and new names, their full residential address, and the date of swearing the affidavit. It should also contain a clear declaration of intention to change the name. This process is not only public notice but also safeguards against possible fraudulent impersonations or illegal hiding of identity. 

Keeping several original copies of these newspaper publications is recommended, as they are needed while seeking Gazette publication and might be needed for future official verifications or disputes.

Legal Finality: Gazette Notification by the Government of India

The most definitive and legally binding action of the name change process is the declaration of the applicant's new name in the Official Gazette of India, the central documentary archive of the Department of Publication, Ministry of Housing and Urban Affairs. The Gazette is an authoritative government publication and the ultimate stamp of official acceptance for the new name. 

For residents of Delhi or its vicinity, the application has to be submitted in person to the Controller of Publications, Department of Publication, Civil Lines, Delhi-110054. For others, applications may be sent by post or through authorized agents.

The required documents include the original notarized affidavit, copies of the newspaper publications, a covering letter stating the request for name change publication, recent passport-size photographs, identity proof (Aadhaar card, voter ID, passport), and a CD or pen drive containing a soft copy of the name change details in a typed text format. 

In addition, a fee as prescribed—between ₹1,100 and ₹1,700, depending on the urgency and postal needs—is paid either in cash (for direct applications) or through demand draft for postal applications. After publication, a copy of the Gazette with the name change must be kept carefully as it is the main legal document needed to update the altered name in all subsequent records.

Post-Gazette Compliance: Updating Official Records

After Gazette publication, the name change gains legal enforceability, and the individual can begin the process of updating their name across various official records and identity documents. For the Aadhaar Card, one must visit the nearest Aadhaar Seva Kendra with the Gazette copy and requisite ID documents. PAN Card modifications involve the submission of Form 49A on the NSDL or UTIITSL website, along with the Gazette and renewed proof of identity.

Passport re-issue needs to be applied for through the Passport Seva Kendra under the reissue category, where the Gazette serves as the documentary grounds for the name change. Bank accounts, driving licenses, educational certificates, and employment records also need to be updated by furnishing authenticated copies of the Gazette and the accompanying affidavit.

Legal Recognition and the Role of Judicial Precedents

Although there is no one codified law that deals with name changes in India, the procedural validity of the process has been consistently upheld by Indian courts. The Supreme Court, in decisions such as Jamshed Hormusji Wadia v. Board of Trustees, Port of Mumbai, has stressed the significance of legal identity and continuity thereof in official records.

The courts are aware that it is the inherent right of an individual to change his/her name as a part of the right to dignity and self-rule under Article 21 of the Constitution. But this right is not unlimited and is subject to administrative controls, e.g., enshrined in the affidavit-newspaper-Gazette model, to avoid abuse and ensure systemic integrity.

Special Categories in Legal Name Change: Procedures for Minors, NRIs, and Gender Affirmation Cases
Although the fundamental legal process of name change in India is standardized—consisting of the triadic process of affidavit, newspaper publication, and Gazette notification—certain categories of applicants need to follow additional procedural protections and submit specific documents.

These groups consist of minors, individuals living overseas (NRIs or foreign nationals of Indian origin), and those undergoing a name change as a part of gender affirmation. All of these are not only governed by administrative requirements but also subject to multilayered legal sensitivities that have to be articulated cautiously and followed through in procedures.

Name Change for Minors

For minors under 18 years of age, the legal guardians—parents or custodians the court has appointed—are to act as the executing party for the name change. The guardian must sign and swear the affidavit and particularize the minor's current name, preferred name, date of birth, and reasonable cause for the change. Common explanations include astrological reasons, spelling revisions, or changes due to adoption.

After the affidavit is notarized, the newspaper advertisements should clearly state that the subject is a minor and that the name change is being sought by the legal guardian on behalf of the minor. The Gazette application should be accompanied by other documents like the minor's birth certificate, a copy of the parent or guardian's Aadhaar or passport, and a declaration of guardianship. 

In some states, a No Objection Certificate (NOC) from the biological parent (if divorced or separated) might also be required. The Gazette will bear the name of the guardian as executor and include the minor's details clearly, so that the change is legally accepted and clear for future use in education and identity documents.

Name Change for NRIs and Foreign Citizens of Indian Origin

Non-Resident Indians, Overseas Citizens of India (OCI), and Persons of Indian Origin (PIOs) have to adhere to a longer version of the regular name change process, complicated by jurisdictional duality—abroad residence versus domicile in India. 

Due to their foreign residence, these applicants have to sign the name change affidavit before a notary or Indian Embassy/Consulate in the foreign country where they reside. The affidavit should be certified by the consular officer and should declare the Indian origin of the applicant, his or her current name, proposed name, passport information, and a cogent reason for the change.

The newspaper publication requirement can either be satisfied in an English-language Indian daily and a local foreign publication (where such exists) or in two Indian dailies if the person has a connection with a specific Indian state. For publication in the Gazette, NRIs can post scanned applications to the Controller of Publications, Delhi.

Their document set should comprise: consulate-attested affidavit, self-attested Indian passport or OCI card photocopies, covering letter, newspaper clippings, recent passport-size photos, and a demand draft in rupees. A foreign address can be used in the Gazette provided it is explained and supported with due consular verification.

The Gazette report guarantees that the name change is legal in India and can be applied in legal communications like inheritance, rights to property, or return of funds.

Name Change After Gender Transition or Affirmation

Over the past two years, the transgender rights and gender affirmation law in India has seen a phenomenal development, especially after the historic judgment of the Supreme Court in NALSA v. Union of India, where the right to self-determine gender was identified as an integral component of the right to dignity and autonomy under Article 21 of the Constitution. 

In pursuance of this judgement, the Transgender Persons Act and the rules notified thereunder in 2020 create a statutory pathway for individuals who wish for legal recognition of their gender identity, which usually includes a change in name as a corollary.

For transgender persons or others who are gender transitioning, the affidavit for name change should also contain a gender affirmation declaration, ideally with a copy of the Self-Declaration Form as prescribed under Rule 4 of the 2020 Rules. 

Medical certificates are not required according to the Supreme Court's decision, but some states might still insist on a gender certificate issued by the District Magistrate under Rule 6.

The Gazette application must include the name change affidavit, gender declaration (or certificate, if possible), accompanying identity documents, and passport-sized photographs. The notice of name change in the Gazette should not use language that could infringe on the applicant's privacy or dignity. 

Applicants may insist on discretion being exercised for the purposes of publication of sensitive information, and such requests are usually granted by the Gazette Office by employing the new name without specific mention of gender if so instructed.

Conclusion

The legal procedure to change one’s name in India—anchored in the affidavit-publication-Gazette triad—strikes a balance between individual liberty and institutional verification. While the system is uniform in its structure, it also accounts for special circumstances through nuanced procedures for minors, NRIs, and individuals undergoing gender affirmation. This reflects a growing sensitivity in Indian law toward the multifaceted nature of identity.

Nevertheless, the process is often mired in administrative inconsistencies, lack of digitisation, and limited access to legal information. These hurdles risk turning a fundamental personal right into a procedural burden. As jurisprudence increasingly affirms the constitutional right to self-identify, especially under Article 21’s expansive interpretation of dignity and personal liberty, it becomes imperative that legal processes evolve to meet the realities of a modern, mobile, and diverse population.

A name is more than a legal identifier—it is a lived expression of one’s selfhood. Whether driven by personal conviction, cultural reorientation, or gender affirmation, the act of changing a name deserves both legal recognition and administrative empathy. Moving forward, the Indian legal system must work toward simplifying the process further, promoting transparency, and ensuring that every individual’s right to define their identity is upheld not only in principle but in practice.