• Change of father's name in birth certificate

My daughter was born in India with another Indian National. The parents were not married – the mother was married to another man (of Indian origin, who is an Australian citizen). The child’s Indian birth certificate notes the mother and her husband as the parents.

Now, citing the DNA report,  the mother has filed an affidavit in an Australian Court that I am the father of the child. 

Assuming that all parties are agreeable, I would like the Indian birth certificate rectified to record me as the father.  Is this possible under Indian law (even though I and the mother were not married), and if so, what is the procedure?
Asked 2 years ago in Family Law from Australia
Religion: Hindu
1. You shall have to file  declaratory suit in India praying for declaration that your are her biological father based on the DNA report and direction upon the registration authority to issue birth certificate afresh mentioning you as her father,

2. There is slight risk on your part while filing the said application claiming biological fatherhood of your daughter when her mothet was married to someone else, if the said husband of the mother of your daughter files a complaint of adultery against you,

3. With your admission of such adultery, if he makes any such complaint, you will be punished with jail term.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0
1. You can only rectify errors in the birth certificate whereas no changes can be incorporated in the birth certificate after it has been issued.

2. If you are the biological father of the child, coupled with the fact that the man whose name has been entered as the father in the birth certificate did not have the legal custody of the child, you may apply to the registrar for rectifying the error by incorporating your name as the father of the child.

3. It will not be easy for you to convince the authorities to rectify the error if a considerably long period of time has elapsed from the date of issue.

4. If the authorities refuse to carry out the rectification then you may seek court orders to do the needful.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
1) you will have to prove that information original given in birth certifcate was wrong . 

2) you should rely upon DNA by recognised test body to show that you are real father of child 

3) correction will be made only on basis of court order as registrar of Birth may refuse to do so only on basis of DNA tests 
Ajay Sethi
Advocate, Mumbai
27408 Answers
1490 Consultations
5.0 on 5.0
In which state was the birth certificate registered? You will have to find out on the basis of the state or the district as to who deals with the issuance of birth certificate. if you want a correction to be made in the birth certificate, apply before the concerned authorities alng with the evidence and an affidavit to state the corrections to be made. If the authorities on the basis of the evidence does not amend and issue a new certificate, then apply before the High Court of that state seeking direction for issuance of the fresh birth certificate incorporating the amendments. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hi, you have to make an application to the jurisdictional  register of birth and death  that your name must be included as father in the Birth Certificate of you daughter.

2. If the authority refuse to give fresh birth certificate then you have to file a suit for declaration to declare that  you are the father of your daughter and your name has to include in the Birth Certificate and direct the authority to issue fresh birth certificate.
Pradeep Bharathipura
Advocate, Bangalore
4200 Answers
149 Consultations
4.3 on 5.0

Ask a Lawyer

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

Family Lawyers

Ajay Sethi
Advocate, Mumbai
27408 Answers
1490 Consultations
5.0 on 5.0
T Kalaiselvan
Advocate, Vellore
17550 Answers
166 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6921 Answers
78 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3814 Answers
151 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3156 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
974 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2032 Answers
24 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1307 Answers
71 Consultations
5.0 on 5.0