You can change your name in your passport to your married name
2) apply for reissue of passport with changed name
3) rely upon your marriage certificate and notification in official gazette for change in name
4) then apply for passport for child
Issue with getting passport for minor child
My name on my passport is my maiden name and my son's birth certificate has my after marriage name.When I visited PSK office for son's passport application, they raised concern saying my passport has maiden name and son's birth certificate has after marriage name, so application cannot be processed. The APO requested me to change my name to madein name instead of afer marriage name on my son's birth certificate. We applied for my name change on son's birth certificate, however as per the Municipality officials it is not possible to reverse the name. To where I know,in India a women need not change their name after marriage on passport. So I do not understand why this issue has been raised when I have all required supporting documents including marriage certificate and spouse name already endorsed on my passport.
Asked 5 years ago in Civil Law
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11 Answers
Hi Sir, Thank you for your reply. I am currently in India and I will be moving to Canada shortly. We already have our flight tickets booked. My Canada PR has maiden name so changing my name on Passport would create problems for me while moving abroad. When we have a rule in place that it is not mandatory for a Indian women to change name post marriage why this issue is causing problems for me. It is said and followed that we have mother's post marriage name on children's birth certificate.
Asked 5 years ago
It is not mandatory to change your name after marriage however in your case child birth certificate has your married name
in such case if birth certificate of child cannot be rectified file writ petition in HC to direct passport office to issue passport for child
Go to local notary and make an affidavit. Specify the strong reason for change of name. This affidavit is used for changing first or last name or complete name. After the affidavit is prepared, submit it at municipal Office along with old birth certificate, Address proof, remaining proofs as well. Within 15 to 20 days, you will get your new birth certificate.
See there are two options either you make a name change affidavit and gazzeettee notification based on marriage certificate and then change your passport and apply for your child's passport.
Further second option is though the child's birthday certificate cannot be rectified by authorities you need to file writ in HC and get direction for your name change in birth certificate.
It is not compulsory to make name.change after marriage in your facts you can file a writ to get direction for registrar for birth to update name in birth certificate and further for RPO to issue passport.
1) If you show them marriage certificate and your husband passport there shouldn't be an issue to get passport for your child.
You can file a writ petition if they are denying to issue passport on frivolous grounds. HC will issue Appropriate writ in the same to the passport authority
Hi,
You may make an affidavit declaring that you are one and single person, the change of name is due to customs/traditions of society. This will serve the purpose.
- As per the information mentioned in the present query, makes it clear that the requisite of the passport department is not at all acceptable in law as it is arbitary on the instance of it.
- Yes, you are absolutely right that when there is no mandate to change the name after marriage then how the authority is demanding such a condition to be filled.
- Only a person is suppose to give an affidavit stating the person is same in birth eh documents, nothing more than that is needed.
- You should write a representation to the authority about the considering the affidavit, otherwise you will have to move before he court of law (Hon’ble High Court under Writ Jurisdiction).
The name of the mother should not differ to that of her own passport and her minor child's passport.
The name should be same hence the passport authority has rejected your application for passport for your minor child having a different name of the mother than that is shown in her own passport.
You should understand that these are two different names even though it belongs to one and the same person.
The authority issuing the birth certificate may not be able to change the name of the mother in the birth register without a court order, hence you may approach court of law to declare your maiden name and seek direction to the authorities concerned to amend the name of the mother of the child accordingly in the birth certificate, which will solve the current issue.
There is no compulsion on any woman in India to change her maiden name after marriage to some other name. In fact it is legally incorrect to change the name of the woman after her marriage.
Nobody realises this mistake instead they blame the legal system.
There is no rule or law imposing a woman to change her name after her marriage from her maiden name to her chosen name.
When the mistake is on your side, why do you blame the system or the law of the land.