• Change of surname of my minor boy child after my remarriage.

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.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

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.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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