• Mother name on birth certificate

My son's birth certificate holds mother's name as after marriage name(hospital too has after marriage name). However, my Aadhar, Pan, Driving License, Passport all have my maiden name; and I would like to retain my maiden name as it is. 

My son will be 1 soon. Is it necessary to get mother's name changed on my son's birth certificate? If so how? 
In case we let it be will it pose a problem for him in future for mother name mismatch? 
Will an affidavit stating both names are mine and he is my son help here?
Asked 4 years ago in Family Law
Religion: Muslim

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

Generally you can change the name only if it is incorrect in the birth records. Else you cannot. You can change it only with gazette notification.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

Dear Client,

Affidavit is fine, but in passport visa issuance, it will create problem, better apply to rectify name in birth certificate, attaching your id`s.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It is better to change your child name in birth certificate to avid legal complications in future

2) apply to registrar of birth for rectifying mistake in birth certificate

3) rely upon Aadhar card which reflects your correct name

4) if registrar refuses obtain court orders for rectifying mistake in birth certificate

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

It won't be any problem since in india after marriage wife adapts husbands surname and if you are happily living with your husband you need not worry for changing your sons surname since it won't affect him in future. Only ladies who are single mother will try to change.Name so that they won't have problem to travel outside country.

If you are single mother then you need to file a suit for declaration and directing the concerned hospital to change sons surname to your maiden surname stating it was inadvertently mentioned other surname in the certificate.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

See it will be better if the birth certified is rectified given an application to the registrar for correcting the name along with the supporting documents as your ID cards.

As this can cause future problem in various documents of your son especially passport.

There are guidelines for correction the registrar shall correct the name and issue new birth certificate. Further in case he refuses a court order is required.

See the Affidavit will do but it can create a legal hassle many a times so better to get corrected.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) As of now none of the government organization has not started filing mother's name yet nor any private or public companies.

2) So it will be great if you insert his father's name on the documents and birth certificate. Additionally mother name as maiden name this is acceptable ass of now in the University.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You can apply for correction in the birth certificate before the required authority (from where you applied for the birth certificate) or you can get a affidavit which mentions that both the name are yours.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Firstly, name on the birth certificate may not be of that much troubling as the main document would a school certificate for class 10 and 12.

Secondly, still you can get it change now only if schools deny for the same at the time of the admission.

Thirdly, you can make an affidavit stating everthing, and publication of the same in the two local and one national newspaper.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

I would advise you to get the name of your child changed on the birth certificate just to be sure.

In you want to change the name on the birth certificate of your child, then you'll have to file an application before the Registrar of Birth and Deaths to do the needful changes.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

The last option what you suggested would be the best option.

Getting an affidavit to this effect may be useful for all future purposes.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer