Change of surname of daughter of divorced mother
malipeddi jaggarao
(Querist) 09 March 2014
This query is : Resolved
Mr.A & Mrs.B got married had a daughter and later due to differences obtained divorce by mutual consent decree through court. In the mutual consented terms, it is agreed that the husband will not claim any rights on the daughter and he leaves the daughter at the custody of the mother totally. The wife agreed not to claim any property rights later either by her or on behalf of the daughter.
Later Mrs.B, the divroced wife got married with Mr.C. Mr.C agreed to take the daughter into his family without any reservations and treat the daugther as of his own. Both Mrs.B and Mr.C wish to bring the child as of their own biological daughter and not reveal the fact to the daugther. Now the entire family is planning to shift to USA for which they need to apply for pass ports.
The date of birth proofs to be submitted to pass port authorities are as follows:
a) Mrs.B - her parental surname.
b) Mr.C. - his surname
c) daughter - the surname of her biological father.
Both Mrs.B and Mr.C. wants that the surname of daugther is to be changed to the surname of either Mr.C and if not possible Mrs.B.
The daughter is having only birth certificate as date of birth proof in which the surname is of her biological father.
What steps are to be taken for change of surname of this daugther?
I have suggested as follows:
Since Mrs.B obtained a divorce by mutual consent, and as per the mutual terms, as Mr.A agreed to leave all rights over the child, Mrs.B becomes the mother and natural guardian of the child. She can file a suit for declaration stating that since she re-married and the husband has no objection to take the child into the family, the surname of the child should be changed to the surname of husband i.e., Mr.C.
i)Whether my suggestion is correct.
ii) Are there any other alternatives.
iii)They are entertaining the idea of giving the child into adaption to Mr.C. (by the mother Mrs.B). Is it necessary?
iv) If my suggestion is proper and practical, how much time it will take to get the results of the suit for delcaration of change of surname?
A quick response is solicited from my learned friends. This is a practical problem of my friend's family.
Adv Archana Deshmukh
(Expert) 09 March 2014
In my opinion the child should be given in adoption to Mr. C by her mother as the natural father has no objection to this. Adoption deed will sever the ties of the child from her biological father and she can then use the surname of Mr. C as her adoptive father.
prabhakar singh
(Expert) 09 March 2014
I squarely agree with idea of adoption if girl is of adoptable age and her biological father is ready to give consent,but procedure to adopt would be not only under Hindu Adoption Act but also as per rules laid by CARA in this regard and for complete guidance I would request togo through following page of them on web:
http://www.adoptionindia.nic.in/about_us.htm
http://www.adoptionindia.nic.in/guide_incountry_chap1.htm
malipeddi jaggarao
(Querist) 11 March 2014
Thanks to Experts Ms.Archana, Mr.Prabhakar Singh and Mr.Rajendra Goyal.
Devajyoti Barman
(Expert) 11 March 2014
I hold the similar opinion as given above.
Raj Kumar Makkad
(Expert) 11 March 2014
You have not mentioned the place of your residence or the place of the birth of that female child.
I am asking this because Government of Haryana has notified to change the name of father in the register of birth and death in similar cases just up to 31st march 2014 keeping in view the similar difficulty. May some other State Govts. might have notified similarly otherwise execution of adoption deed is the best procedure which can be got done within the same day.
Sudhir Kumar, Advocate
(Expert) 11 March 2014
Prima-facie the relation between father and child are not broken by divorce ofparents whatever be the agreement of the divorcing parents.
The mother had no right to agree that child will never claim parental right. Such agreement is void as the same is not in the benefit of the minor child and she can repudiate the same on attaining majority.
Surname of child cannot be changed unless the child is adopted.
So I tend to agree with Ms.Archana, Mr.Prabhakar Singh and Mr.Rajendra Goyal
malipeddi jaggarao
(Querist) 12 March 2014
@ Sri Rajkumar Makkad sir.
The place of birth of the girl is in Andhra Pradesh.
R.V.RAO
(Expert) 31 March 2014
i agree with advocate archana's views that the child be given in adoption by the child's mother to c where by the biological connection is automatically severed by the adoption deed and child's surname will be that of the newly adoptive father ( Mr.C).
