• Remove Father name from the birth certificate

I have given birth in a hospital through the adoption agency in kerala. Being unwed single mother I wanted no name on the birth certificate but adoption agency added name from my emergency contact. How do i remove that name now. I do not want to go to court or do not want my or baby name to go public as i am single mother hiding from my parents. Please advice the procedure for the same. Many Thanks.
Asked 7 years ago in Family Law
Religion: Christian

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5 Answers

apply to registrar of birth kerala to remove father name in birth certifcate

2) since you are single unwed mother not necessary to mention father name in birth certifcate

3) When a single woman or unwed mother applies for her child's birth certificate, it must be issued on the basis of her affidavit and without insisting that she disclose the name of the father, the Supreme Court has said

4) The court also held that an unwed Christian mother could assume the guardianship of her child without issuing prior notice to the father for permission as laid down in Guardianship and wards 1890 law applicable to the community.

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

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1) you have to execute an affidavit that you are single unwed mother and you do not want father name to be rflected in the birth certifcate

2) apply to registrar of birth in person to remove the name of father in BC

3) you dont need any lawyer

4) you can involve the adoption agency

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

HI

You can make a gazatte declaration and use the changed name in the future use.If there is already a certificate of birth has been issued , you will not be able to correct it on the certificate without a court order.

You can get the help of a lawyer or any other person who does this work to get it changed.The affidavit can be made the place wherever you are presently staying. if your child is with you the gazette declaration too can be done in the place where you stay.

No need to involve the adoption agency , they have no role in it other than intimated the birth to the registrar of birth from the hospital.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

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I have given birth in a hospital through the adoption agency in kerala. Being unwed single mother I wanted no name on the birth certificate but adoption agency added name from my emergency contact. How do i remove that name now. I do not want to go to court or do not want my or baby name to go public as i am single mother hiding from my parents. Please advice the procedure for the same.

If the birth certificate has already been issues or the name of the father had already been registered in the birth and death register maintained by the concerned authority, you may not be able to remove the same by moving any application.

You have to seek the court's help to mitigate this problem by filing a an appropriate suit to remove this name.

No doubt the court case is public, but you cannot avoid it.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Thank you very much for the reply. Do i need to be present in person to apply to registrar of birth kerala? Also What documents do i need to produce and submit in order to get this sorted? If i need to make affidavit, does that need to be from kerala itself? Do i need a lawyer to do this or I can do this myself? Do i need to involve adoption agency where I gave birth? (Actually i do not want to involve them) Many thanks, Regards

If you have not yet filed an application for registering your child's birth then you may submit an application without the father's name and may submit an affidavit stating that you do not require the child's biological father's name to be registered in the birth register since it is not known who he is.

This affidavit you can get it done in Kerala itself if the child has taken birth in Kerala.

You can do it by yourself without the help of a lawyer.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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