• Adding mother's maiden surname to children's name post divorce

Hi, 
I recently got divorced & my ex husband and I share joint custody of our two kids aged 3 & 6 yrs. The kids & I are staying in India while my ex works n resides in the UAE. Our kids were born in the UAE thou we were married & divorced here in Mumbai, India. 
I would like to add my maternal surname to their names either as an additional middle name or if the Indian law permits- a hyphenated surname (with mother-father surname). The father has given consent for this. 
Now I need to know how to proceed with the matter. What is the paper work required etc etc. Is there some agency/ advocate I can go to to get this done on my behalf.
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Christian

Mam, for changing surname a name change procedure need to be followed first you need to make an Affidavit with the maiden name added then same has to be published in 2 Newspapers.

Further after it is published in the newspaper, the copy of affidavit along with the Newspaper cuttings and consent letter of husband with requisite fees are to be sent to Controller of Gazette for gazette publication.

Kindly refer Complete Procedure laid down by department for name change of Minor:

http://deptpub.nic.in/forms/form060720168.pdf

You can seek help of advocate to complete the procedure.

Shubham Jhajharia
Advocate, Ahmedabad
20887 Answers
81 Consultations

5.0 on 5.0

you can change child name by notification in official gazettee and 2 local newspapers

2) name change affidavit has to be executed for change of child name . affidavit is to be duly notarised

Ajay Sethi
Advocate, Mumbai
69022 Answers
4153 Consultations

5.0 on 5.0

A format for name change affidavit is given below and necessary procedures:

Before the Judicial Magistrate, Court Name

Affidavit

I Mr. ……………………….. S/o ………………………………… aged about ____________ yrs, residing at………………………………. ,do hereby solemnly affirm and state:

That my recorded name in school and college is ______________(YOURNAME), but I myself popularly known as _________________(New name).That after the completion of my studies I want to start a business in IT Sector. From the numerology point of view; I came to a conclusion that the business in my nickname as in the name of NICKNAME will helpful for my endeavours.That by virtue of this affidavit, I changed my name from YOURNAME (old name) to CHOSENNAME (new name) and henceforth I shall be known as the CHOSENNAME (new name) for all purposes.That the facts stated above are true to the best of my knowledge and belief.

Identified by-

Advocate Deponent

CERTIFICATE

Certified that the above named deponent being identified by ______________( ADVOCATE NAME), do hereby solemnly affirm his knowledge and belief.

Place:

Date:

Notary Public, City Name

 

Step- II:

Publication in the Newspaper

The next step is to publish an advertisement in two newspapers- one in the official vernacular language and the other in English.

This is done to publically declare the change in the name so that if a conflict arises later, you have an official declaration of your name change.

Preserve the copies of the newspapers very carefully as well its scanned copies.

A sample copy of the format is as follows:

I, Mr./Mrs.____________ (old name) have changed my name from __________________ (old name) to ______________ (new name) by an affidavit sworn before the Notary Public, ______________ (place) on _________ (date). Henceforth, I shall be known as _________________ (New Name) for all the purposes.

 ______ (Name) and ________ (Complete Postal Address).

Full Signature

Step- III:-

Notifying in the Gazette

The next step is to get your name published in the State/ national gazette.

Go to the department that looks after the Gazette publication, the Government Press, in most of the cases.Fill the “Deed changing surname Form” and fill it very carefully following all the instructions mentioned onThe name changing notification will then be published in the Gazette and you’ll receive its copies in the mentioned address in the Deed Form.

 

With this, the name change procedure gets officially completed.

 The documents required for Name change in gazette for Major / Minor:

For Major / Adults (Mandatory Documents)

ID Proof : Pan card or Passport or Driving Licence or Aadhar Card or Voters IdAddress proof : Ration Card or Aadhar Card or Electricity Bill

Photo : One Passport Size PhotoApplication Form : Duly Signed Application Form with all details & reason for Name change

Optional:

Marriage certificate ( if Any for Female after Marriage)

Affidavit ( If Any Made for any reasons like Adoptions etc.)

Divorce papers (In case of Divorce) etc.

For Minor below 18 years (Mandatory Documents)

ID Proof: Aadhar card or School ID or Aadhar Card

Address Proof: Ration card or Aadhar Card

Age Proof: Birth Certificate or School LC or Bonafide

Photo: One Passport Size Photo

Application Form : Duly Signed By Minor if possible and parents or Guardians

Step- IV:-

Getting official documents changed

After you have successfully changed your name, you will have to update you official official documents (e.g.-Passport, PAN Card, Driving License, and Ration Card)

The good news is that your copies of the affidavit, Newspaper publication and the Gazette notification are enough to get these documents changed.

For changes in Passport, you need to fill the following form:For changes in the PAN card, you need to fill the following form:For changes in the Bank Accounts:

Copy of the affidavit and the gazette notification is needed.

Aveek Bose
Advocate, Kolkata
994 Answers
5 Consultations

4.7 on 5.0

Dear Client,

All u need to do is to apply for change of name at collector office, Gazette notification, same will publish in local newspaper.

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

Dear Ma'am

There is no such law for adding the surnames with the children either before or in last or in middle. Please speak to the concerned school and add the sur names after completing the relevant formalities.

Regards,

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Dear Madam,

I am a lawyer by profession, and have followed the below given procedure for changing my own name. Let me use my experience to help you to change your own name.

Follow the below given steps for changing your own name.

Step 1 – Affidavit

Go to you local Notary and make an affidavit regarding change of your name. You have to mention therein your specific reason for changing your name. For example, you may like to change your name after marriage (especially for women), due to astrological or numerological reasons or anything. Recently, one of my friends was going to start his own company who was locally famous in his nickname, and thus he changed his name from Rishabh Agarwal to Saurav Agarwal.

Note: Here is your sample name change affidavit for reference.

Tips: Make a few copies of your affidavit, and preserve the original one carefully. It’s better to scan it, and preserve its electronic copy on your external hard disk as well as on multiple computers.

This affidavit can be used for changing your first or last name and also using the same, you can completely change your name (both first and last name, for example from Rishabh Agarwal to Saurav Verma).

Step 2 – Newspaper Publication

I, Sri ___________________ (old name) have changed my name from __________________ (old name) to ______________ (new name) by affidavit sworn before the Notary Public, ______________ (place) on ___________ (date). Henceforth, I shall be known as _________________ (New Name) for all purposes. ______________ (Name) and _______________ (Complete postal address).

Full Signature

Fill in the blanks with appropriate details and publish it in your local newspaper.

Tips:

You can choose any 2 local newspapers for publishing it. (No need for FrontPage coverage). Although you need only once copy but its better to get ten copies of that newspaper in which your statement is published and preserve it carefully, because it’s now a lifetime issue. It’s better to preserve both the hard and scanned copies of the newspaper.

Step 3 – Gazette Notification

Now for getting your name published in the Official Gazette of your state, for example: “The Delhi Gazette”, you need to do the following things:

1. Visit your local Government Press or the department that mobilizes Gazette notification.

2. Get 2 copies of “Deed Changing Surname Form”. (Fill this form carefully as per the instructions provided therein)

3. If possible get the phone number, or the mobile number of the person of that department who can help you for Gazette Notification.

Verification

You need to send the following documents to the Secretary, Department of Commerce & Transport (Commerce), _________________ (State).

1. Letter to the Secretary, requesting him to allow you to change your name. (Click here to view sample letter)

2. The “Deed Changing Surname Form”

3. 2 True copies of the newspapers in which your name change statement is published.

4. Attested copy of the Name Change Affidavit.

5. A print out of the statement in plain paper that you need to publish in your official Gazette. (Generally Same as your Newspaper Statement)

6. A Copy of your current identity like your Voter Identity Card, PAN Card, Birth Certificate, School or College Certificates and etc.

Kishan Dutt Kalaskar
Advocate, Bangalore
4688 Answers
134 Consultations

5.0 on 5.0

1) In India such type of law has not been passed yet to changed or add maiden surname for children's name. In their name Biological father's name and surname will remain. In Your case you can have surname of post marriage like how the name of film star are for example married name Aishwarya Rai Bachchan, so you can keep your name like this but not of your children.

Ganesh Kadam
Advocate, Pune
8251 Answers
69 Consultations

4.9 on 5.0

1. Get an affidavit drafted for the change of name of your children. One affidavit for each child.

2. Then, you will need to publish the same in 2 leading newpapers.

3. And, lastly would be the getting of the name notified in the official gazette of the state.

Siddharth Jain
Advocate, New Delhi
4978 Answers
55 Consultations

5.0 on 5.0

You approach me with your Divorce Judgement & Order, Decree, Consent Letter of your husband which he has given, Birth Certificates of your Children Don't worry I will do it as per your instructions and wish.

Sheetal Pawar
Advocate, Mumbai
21 Answers
1 Consultation

4.0 on 5.0

Firstly, What is the age of your daughter? What is her name in the school record and birth certificate?, all these facts should also be considered while deciding the same.

Secondly, Since father does not have any objection or drop her father's surname as her surname she may carry out the change by executing a sworn affidavit before a notary public and publishing the changed name in the official gazette of the state along with two regional newspapers and a national daily.

This can only be done by you being the mother of a minor child. Affidavit would be on your name.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

This is nothing but another simple procedure of name change.

You can prepare an affidavit stating the change of name from one to another, get it published in a local newspaper and if necessary you may get the same published in the government gazette publication.

Once this process is done, then the name of the kids are changed and th4ey can be called by the new names thereafter.

T Kalaiselvan
Advocate, Vellore
58863 Answers
745 Consultations

5.0 on 5.0

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