I am a divorcee and resently remarried. Now I want to change the surname of my minor boy child as that of his new father. How should I do it? I am a delhi resident.
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1. You can not do so without the consent of his biological father.
2.however if his biological father ahs no concern for the the child then you can proceed to do so.
3. To change the name/surname you need to do affidavit from a Magistrate and make a paper publication.
thank you sir,, i do not want to involve the biological father. Can I 1. give my affidavit only? or can I involve his new father in the affidavit? 2. Which court should I approach? 3. Any link you can send wherein I can get the stepwise procedure?
I repeat what I advised earlier that without the consent of your biological father his name not be changed legally.
Affidavit can be done from local Magistrate.
No online link is available for this.
1) deed of adoption has to be executed by biological father with your consent in favour of the step father
2) on basis of deed of adoption you can change the child surname
you need the biological father consent to change surname of the child
2) mere affidavit would not serve the purpose
3) even if you move court for change of child surname notice would have to be issued to biological father
4) if he objects court would not pass orders for change in child surname to that of step father
1. As per law, you can not change the surname of your son without the consent of his biological father.
2. You shall have to convince your earlier husband to agree for giving his son in adoption to your new husband.
3. in that event you can change your son's surname as per your new husband's surname.
4. Without due process of law as stated above, your son's surname can not be changed legally and he will face problem while getting passport later on if his surname is changed without due process of law.
1. He is the son of your earlier husband for which you can not change the surname of his son without his consent or without involving him.
2. His surname will be automatically changed to that of your new husband once he is taken in adoption by your new husband with the consent of your earlier husband.
3. As such your new husband is the step father of your son and not the biological father for which he can not carry his step father's surname replacing his biological father's surname.