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.
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.
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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.
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
Can a girl child use both her father's and mother's surname in birth certificate in west Bengal ?
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.
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.
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.
Is it necessary for a child to use her father's surname in birth certificate in west Bengal ??can she give her mother's surname?? Or is it necessary to give any surname or we can give only names in certificates?? All are legally correct or not?? Suppose my name is antara Mitra. My husband's name is pratham Das.so and suppose I have given my daughter's name as Diya. So can I apply for Diya Mitra or diya Mitra DAS or only diya??? And which caste will she belong to father or mother ?? Please give suitable answers Sir.
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
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.
Why different lawyers are saying diff things?? Which one is correct ?? Can you please tell me about the article or clause which support that the child can be given her mother's surname instead of father's in birth certificate in west bengal. The mother is married.why there is so much difference of opinions between lawyer Ajay Sethi and T Kalaiselvan sir?? Please reply all of you, its my earnest request and also Devajyoti Barman Sir as it is a case of west Bengal. I am very worried as I am living separately from my husband.and I don' t want to give his surname to my 2 months daughter as he left me when I was 2 months pregnant.so please give me the correct reply.
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
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.
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..
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.
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.
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.