• Mentioning of child's mother name as middle name after divorce

I have just got the divorce order from the court. My only daughter who's full custody has been awarded to me wants to only replace her fathers name to mothers name as the middle name being used by her. We don't intent to change the surname/last name. Kindly advice whether this can be done or is there any legal process that we need to follow.
Asked in Family Law from Panaji, Goa
Religion: Hindu
1. What is the age of your daughter? What is her name in the school record and birth certificate?

2. Since she does not intend to change 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.
Ashish Davessar
Advocate, Jaipur
19897 Answers
520 Consultations

5.0 on 5.0

One should strictly adhere to the following instructions for change of name for
minors in the Gazette of India Part- IV.
1. The individual concerned i.e. either father or mother has to notify the change of
name of his/her minor son/daughter in one of the daily leading newspaper, giving therein
full identification that is his/her name, Father’s name/Husband’s name along with
residential address and date of birth of child & forward it in original to this Department.
2. Please submit an original affidavit (from the side of Guardian) duly attested by
first class Magistrate/Notary/Oath Commissioner showing therein full details of
father’s/husband’s name along with residential address before taking oath in the affidavit
& forward it in original to this Department. 

3. Please submit printing matter as prescribed in the attached specimen duly
completed in all respects by typing the same on a separate plain paper and signed by the
individual in his/her old name, with two witnesses in duplicate. The Proforma must not
be handwritten.
4. Please attach two passport size photographs of parents(either mother or father),
whoever is giving the declaration and one of the minor son/daughter. If the case is sent by
registered post, the photographs have to be attested by Gazetted officer/oath
commissioner/notary public.
5. The printing charges for publication of change of name Rs. 1100/- only. The
amount will have to be submitted or remitted in advance in cash or by Demand
Draft/India Postal Order drawn in favour of Controller of Publication, Department of
Publication, Civil Lines, Delhi-54. The extra copies of the Gazette can be supplied to
the extent of 4 on additional payment of Rs. - 35/- per copy. The charges in cash may
also be deposited with aforesaid documents in our Department. The cost of advertising
of change of name in the Gazette of India for Indian living abroad is Rs. - 3300/- which
includes air mail charges also.
6. All the aforesaid document, printing charges together with forwarding letter
addressed to The controller of Publication, Department of Publication, Civil Lines, Delhi-
54. should be sent to this Department by post or they can come personally also. The
documents must not be old i.e.beyond the period of one year.
7. The documents once submitted in this Department will not be returned in any
circumstances, neither original nor Xerox copy. 
SPECIMEN FOR CHANGE OF NAME FOR MINOR

No. ADVT./IV/
 I hitherto known as ………………………………………... Son
of ………………………………………………………………Employed
as …………………………………………………………………….…in
the ………………………………………………………………… residing
at……………………………………………….……………………… have
changed the name of my minor
son/daughter……………………………….aged………………….years
and he/she shall hereafter be known as ……………………………..

 It is certified that I have complied with other legal requirements in
this connection.
Signature of Guardian 
Ajay Sethi
Advocate, Mumbai
28494 Answers
1547 Consultations

5.0 on 5.0

If your daughter is a minor then you as her mother will have to make an affidavit before a notarizing authority stating the change in the name and that must be notified in one of the daily leading newspapers, 2 regional newspapers and in the official gazette of the particular state.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations

5.0 on 5.0

Hi, you can change the middle name of your child in the birth certificate while issue notice to the Government as per section 80 of the Code of Civil Procedure then you have to file a suit for change of name.
Pradeep Bharathipura
Advocate, Bangalore
4204 Answers
153 Consultations

4.3 on 5.0

1. She is a child,

2. She may not be in a position to change her name without being influenced by others,

3. Her said name can be changed for which her father's affidavit will be required to be acceptable by the Court,

4. However, you can try the process by affirming the said chgange under affidavit being the custodian of your child.
Krishna Kishore Ganguly
Advocate, Kolkata
13929 Answers
309 Consultations

5.0 on 5.0

published the same before two leading news paper & in gazette.

after that file a civil suit for declaration before civil court & get a court order regarding the same.
Nadeem Qureshi
Advocate, New Delhi
3997 Answers
158 Consultations

4.9 on 5.0

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