Sanjay Rao (Branch Head) 22 January 2015

Change in son's name after remarriage

I have a minor son from my first marriage, but after my husband's death, I have remarried.

I would like to change the name of my son's name by replacing my 1st Husband's name with my second Husband in school records. The school wants a court decree but the lawyers inform that it is not possible as it cannot be treated as adoption, as I can not adopt my own son. We are informed that we cannot file a case on school or the Education board for getting a decree. The school / Education Board is not accepting my 1st husbands death certificate and my registered marriage certificate to change my 1st husband's name with the 2nd husband.

It is logical that after the death of my first husband, my second husband is now the legal father of my son.

Can we also change the name of the 1st Husband in my son's birth certificate.

Pls advice.

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3 Replies

Tajobsindia (Senior Partner ) 23 January 2015

1. Proceed with change of name via 'Gazette' Publication route.

2. Dig past replies of mine having similar facts.

[last reply]

1 Like

CompelledToLearnLaw (Financial Examiner) 23 January 2015

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ANAMIKA VICHARE (LAWYER) 27 January 2015

Publishing in Official Gazette, is not sufficient, YOu have to get a Decree if Adoption from the CityCivil & Sessions Judge,if you are in Mumbau. These adoption mattes are handled by the Principal Judge of City Civil & Sessions Judge...You can file the Adoption Petition in the said curt, you will be Petitioner and yr 2nd husband Respondent...Yr Affidavit, his affidavit alongwith the Petition is reqd. Hisfnancial statements revealing his position and that his willingness and capacity in terms of Fixed Deposit/LIC etc should be shown...for further dvice email me

anamika_vichare@rediffmail.com