• Changing name of mother in children's record

I have three daughters of age 12, 6 and 3. First two daughters are from my first wife who passed away during the delivery of my second daughter. After that I got second married and my current wife gave the birth of my third daughter. Now we want to change the mothers name in school records as well as in birth certificate of my first and second daughter. What is the legal procedure.
Asked 8 years ago in Family Law
Religion: Hindu

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9 Answers

1. You can not change the name of their mother.

2.The biological mother of children remain unchanged. So let her name remain there.

3.It is neither advisable nor wife to change name of mother who gave them birth.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Your second wife has to adopt the daughters of your first wife by way of adoption as per Hindu Adoption and Maintenance Act, 1956 from court. Thereafter with such order you can apply at respective schools and/or departments

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1) deed of adoption has to be executed by you in favour of your wife to give 2 daughters in adoption

2) on basis of adoption deed name of mother can be changed in school records

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Hi,

In my opinion the mother of any child would remain same even if the mother is no more.

Name correction provisions are there in section 15 of Registration of Births and Deaths Act 1969.

but your version is not covered under that section.

let the love and affection of your daughters continue with your second wife BIRTH CERTIFICATE IS MERELY A RECORD.

Still if you want your second wife's name attached with your daughters in physical records then opt for adding her as their legal guardian

Hope I am Helpful.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Apply for modification/amendment of mother's name on the strength of your marriage certificate with second wife.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Since they have not appeared in Board level examination therefore You need to change the name in the birth certificate only. But sir replacing the name of the real mother is not feasible.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

Hi, it cannot be changed as your first wife was the biological mother of your daughters

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Hello,

Along with the death certificate of your previous file you will have to obtain a declaration certificate from the court.

After getting the declaration certificate, you may get the name changed in all the documents.

Also, the same can be done easily before your daughter goes to 10th class.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You cannot change the name of the mother of the child at your fancies and whims.

The biological mother name cannot be changed in the records until and unless these children are given in adoption and even in that circumstances both the prents names have to be changed

What is the problem in the original mother's name remaining in all the records?

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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