• Surname of child

Can a child use her mother's surname instead of father's in west Bengal. The birth certificate of the child has not yet applied.
Asked 8 years ago in Civil Law

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15 Answers

1. There is no law in India which prescribes using of surname or surname of one aprticualr parent onl.

2. if you wish you may not keep any surname of the child.

3. If you choose give him surname then choose any of you.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1)The Supreme Court has directed municipal bodies not to insist on the name of the father while issuing birth certificates for children born outside wedlock, saying that in such cases, it should mention only the mother's name.

2) in case of married mothers birth certificate of child would reflect father surname

3) authorities would not issue birth certificate of child with mother surname

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Surname of both father and mother cannot be used in birth certificate of the girl child

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Yes, as I told you there is no law imposing any restrictions in using the surname.it is customs or age old practice which guides us in using one particular surname.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

There is no legal infirmity in a child using its mother name instead of father's name.

Now almost all the states across the country have approved this situation.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Can a girl child use both her father's and mother's surname in birth certificate in west Bengal ?

The name to be registered in the birth certificate shall be given by the parents to the registrar or births and deaths of the respective state.

Therefore ther is no question of restriction to use both the titles of both the parents to be registered in the child's birth certificate.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The birth certificate would reflect father surname

2) mother surname can be given in child birth certificate if you are single unwed mother

3) child would belong to father caste

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

There is no such compulsion or any law forcing an individual to use their father's surname or title suffixing to their own name.

It is a traditional practice and not bound by any law i this regard.

If you do not want to suffix the surname of either to the child in the birth certificate, it is your own decision, no law can force you to do so.

The child can choose any caste either of father or mother. There is no restriction to it.

The child may even opt to not to choose the caste of either of the parent.

If you would like to register your daughter's name as 'Diya' alone, it is your own decision, there is nothing wrong in it, and legally it is very much valid, nobody can question your authority over it.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

i am not aware of any clause that provides that child can be given mother surname instead of father in birth certificate in west bengal

2) if mother had been unmarried you could have mother surname in birth certificate . it is not necessary to disclose name of father as per SC judgment cited by me herein above

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

I have already said that there is no law which suggests the same. If someone is suggesting something else then ask for relavent law from them.

I can not prove the negative. Let them come out of the law stating such prohibition on usage of surname of mother.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Child does not put his/her surname by him/herself. It is written by her parents.

2. Ordinarily, father's surname used to be used earlier and is still being solely used in most of the cases.

3. However, now a days, using both the parents name is not uncommon.

4. Using mother's title only might require father's written consent though i have not come across anybody using only mother's title.

5. There should not be any legal problem if only name is written omitting any title the practice of which I have seen in Kerala..

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.Yes. Both girl as well as male children can use both of their parents titles as their title.

2. There is no legal embargo in using both of their title as their child's title.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Your daughter can write as Diya Das, Diya Das Mitra without any legal problem.

2. However, your can also give her name as Diya Mitra if her father agrees to it since it si against the common practice and customs.

3. As per law, child bears his/her father's caste.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. In the instant case, you can not arbitrarily put your title as your daughter's title since she is the daughter of your husband also.

2. You can not be the accuser and judge against your husband and arbitrarily decide of your own that he is guilty of such and such crime for which his daughter's name should bear his title.

3. In your matter you are the accuser and he should be given the chance to defend himself. Even if he is found guilty, he will be awarded punishment in accordance with his guilt but you can not decide what title his daughter (your daughter too) will carry for want of your legal authority to so decide.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

There is no law stopping you from giving both parents name as surname for the child.

A person's name is his/her wish, the law cannot and does not interfere in it.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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