Father's name change in childs documents

srinivas (Querist) 27 January 2020 This query is : Resolved
My friend has a child born with out marriage. There was no marriage happened nor registered. Child's biological father left my friend and not heard for the past 7 years. He is presumed to be dead. She wants to get married now.
1. Does she require any divorce decree to marry? Please note that she has never married anyone and there is no registration of marriage.
2. In child's birth certificate biological father's name is there. What all documents needed to change the father's name in child's passport, aadhar card etc.
3. Her boyfriend's name is there in my friend's passport also as husband. How to remove that and add new husband's name?

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Guest (Expert) 28 January 2020
No boy friend could become biological father

Guest (Expert) 28 January 2020
You will be committing a Crime if you implement such changes

Guest (Expert) 28 January 2020
Being a Legal Guardian of the Child would be the only possibility

Raj Kumar Makkad (Expert) 28 January 2020
1. The answer to your first question is-NO

Raj Kumar Makkad (Expert) 28 January 2020
2. The UIDAI website lists two methods to change your name, online and offline.

Online Updation
Use your AADHAR number to login into the Online Self Service Update Portal
Submit your name or surname change request in the requisite format
Upload scanned copy of self-attested supporting documents
This facility uses OTP so make sure your number is registered with AADHAR
This process is entirely free
Updation through AADHAR enrollment centres
You can also visit your nearest AADHAR enrollment centre to change your name
You'll need to carry originals of your supporting documents. They'll be scanned and handed back to you
One advantage of this method is that you can update your biometrics too if necessary
A token fee of 25 Rupees is charged
Both processes can be used to update or change your other demographic details like address, date of birth, gender, etc. Until 31st July 2018, AADHAR could also be updated via post but this process has been discontinued.

Either of the following documents may be needed for the change in Adhar Card:

Passport
PAN card
Either Ration or PDS Photocard
Voter Identification card
Driving licence of the applicant
Photo identification cards issued by the Government of India
Service photo ID cards that are issued by a PSU
Job card of NREGS
A photo identification that is issued by a Recognised Educational Institution
A licence of Arms
Photo Bank ATM card
Photo Credit card
Photo card of the Pensioner

Raj Kumar Makkad (Expert) 28 January 2020
For change of name from maiden to married or vice versa, the following additional documents are required:
Notarized affidavit.
Notarized copy of the first and last page of passport of spouse.
A joint photograph.
Notarized copy of marriage certificate or divorce deed duly authenticated by court, as applicable.

Raj Kumar Makkad (Expert) 28 January 2020
As there is no marriage between your friend and her mentioned boy-friend, she need not worry. The names in all documents can be got removed by adopting the set procedure and even birth certificate of her child born out of relationship with that boy-friend may also contain her single name as parents.

Raj Kumar Makkad (Expert) 28 January 2020
Even if the boy-friend of your friend has not been heard since last 7 years even then a civil suit is required to be filed under section 108 of Indian Evidence Act. A person automatically cannot be presumed having dead legally.

Dr J C Vashista (Expert) 29 January 2020
What is your concern/ locus standi?
Prima facie it is a topic for academic debate.

P. Venu (Expert) 29 January 2020
How is it that the boyfriend's name is there in the passport as "husband" - what was the document that was furnished?

srinivas (Querist) 05 February 2020
Hi Sirs,
Thank you all for the replies. Some more information to understand more clearly.
She got pregnant without marriage. Before the child is born hospital people asked for the name of father. Thinking that they will marry she gave her boyfriend's name as child's father name. Like this birth certificate got her boyfriend's name as father. The same name continued for aadhar card and school records.
When she applied for passport, she gave self declaration stating that her boyfriend as husband. As per new rules no document like marriage certificate/ affidavit is required for the proof of marriage. With simple self declaration passport authorities added her boyfriend's name as spouse name.
Now she is planning for marriage and want to change the spouse name in her passport and father's name in child's documents. Please help us in understanding any legal difficulties

P. Venu (Expert) 05 February 2020
She can change the spouse's name after marriage; but what is the logic and reason in changing the father's name. Paternity is a question fact, not that of mere perception.