• Daughter's surname change after divorce

A wife after divorce wants to change her daughter's surname name to her name from her Ex-Husband'd name.

Is it possible? If yes, what's the procedure and what can be the hurdles from the daughter's biological dad in this process?
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Hi, if you want to prospective effect then you have to make an affidavit in Rs. 20 stamp paper and make paper publication in two leading news paper.

2.If you want Retrospective effect and want to change the name in previous school  record also then you have to file suit for deceleration before the court. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) You need consent of biological father to change daughter surname 

2) unless biological father gives on writing that he had no objection the change in surname cannot be done 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1. No. It is not posible,

2. The daughter is the daughter of both the wife and her husband,

3. So, the wife is not authorised to change the surname of her daughter which is the name of her biological father unless consented by her father.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
Dear Querist,
Yes surname can be change.
follow the below mention Procedure:
1. Published the declaration regarding the surname changed in two leading newspapers in which on should be  national and one should be regional.
2. file the application before the concern department you want to change the surname, the name can be changed.
3. if there is any objection by the department, then you may file a civil suit  for declaration before the civil court of area.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
you should file suit before small causes court under section 39 of Specific relief act and make your husband a defendant. 

on receiving of suit, the court will issue summon to your husband,

if husband is agree to alteration in surname and his consent in writing then court shall pass declaratory decree and publish it in local news paper. after lapse of 30 days, if court does not receive any objection then pas final decree and after that you daughter's surname will be changed.   
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
1. No this is not possible except with the consent of the father of the child.

2. If your daughter's father refuses to consent to the change of her name then she has to wait till she attains the age of majority to drop the surname of her father and use your surname.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 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

T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0