• Addition of mothers surname in birth certificate

Sir,i have been divorced 4years back.i want to add my surname to my son in the birthcertificate but it was deneid by the municipal council office.i had not added any surname nor initials before..they said get it from court to add the surname.the case is in court from past 1 year and till now i havent got any clear answers.the father has denied all his responsibilities from the child birth and also said he dosent want any visitation rights of child in mutual consent of divorce.i have raised him all alone till now and he is now 6.5 years old.please let me know can i add my surname in childs birth certificate..is there any court decisions pertaining to the case..
Asked 8 years ago in Family Law
Religion: Hindu

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5 Answers

1.Since there was no surname previously and youa re staying separately from your husband for long you can add your surname with that of your son.

2.So since the Municipality ahs refused to do so you can file a writ petition.

3.The courts have become much progressive nowadays and even while applying for passport the separated mother does not require signature of father of the child.

4.SO there is no reason why the court would not direct the Municipality to allow your surname with the name of your son.

Good luck.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

There is no such court decission as such orders mostly depends on individual case.

If the father has denied everything in the mutual consent petition then on the basis of the same you may obtain specific direction for the municipal authority from the court. Ask your advocate to expedite the things.

Alternatively you can ask some agent to get the work done for you in lieu of some money.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. If both the biological parents of your son execute an affidavit before a 1st Class Judicial Magistrate affirming that both of them give consent and desire that their son will write his mother's title after his name the son can act so based on the said joint affidavit.

2. In absence of the said affidavit, the child will bear his biological father's surname after his name.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You cannot change surname in birth certificate

You would need court orders in this regard

Mentionthat husband has refused to shoulder any responsibility for child and does not even want visitation rights for child

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You have to file a case before the concerned court seeking declaration of the surname suffixing your son's name in the birth certificate ad a direction by the court to the competent authority to modify/amend the records of the authority i this regard accordingly.

If the case is pending for over one year, you verify that for what reason the same is pending and if this is inordinate delay, then you may either pressurise your advocate to expedite the process or to change a lawyer suiting to your urgency.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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