• Regarding change of surname of my daughter

I am a single mother, recently divorced and settling in bangalore. I want to apply for my daughter's passport using my surname. So i need changes in her birth certificate. Can i have her surname changed or add my surname in alias . And then have my surname in her passport?
I have full custody of my child. Need support to have these birth certificate changes done online as i am unable to travel due to corona.So i can have passport done with my surname. Having full custody, i think this should be ok to have changes done. So need legal assistance to be able to have this done in the shortest time period.
 Can you please help me in this case. Thanks!
Asked 10 months ago in Family Law
Religion: Sikh

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27 Answers

You can change your child's name as per your wish. Since the name is only on the birth certificate it can be changed very easily without resorting to anything else. You should write her name on tge passport you want. 

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

See you cannot change name in birth certificate though you can make a name change affidavit for daughter publish same in newspaper and gazettee and based on changed name you can apply for the passport 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

The name in birth certificate can't be changed for this reason. You can however seek passport from any other document by changing her name through Gazette notification and newspaper publication

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

Dear client.. we provide name change /surname change by ..Gazzette of India.. pl contact www.kaverylegalservices.com

Kavery Anand Pandharpurkar
Advocate, Bangalore
319 Answers
12 Consultations

Not rated

You cannot change surname of your daughter in birth certificate 

 

2) even if you are divorced and have custody of your daughter you need husband consent to change child surname 

 

3) only then can you have your surname in child passport 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

1.  It will not be possible for you to change surname of your child without consent of biological father of child. 

2. If you still want to change name of your child then you have to file suit against father to change surname of your child. 

3. If father gives consent then name can be changed without court proceeding through name change process by gazette notification.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

1. Divorce brings the legal relationship between spouses to and end, not between parents and children.

2. Your ex husband continues to be the biological father of your daughter for all legal and practical reasons. However, now the single parent can apply for the passport of his/her child with his/her name if the custody has been awarded to you and there is no case regarding divorce/marital dispute/custody of the child pending in any court.

3. If your application is not processed then you may file a Writ Petition in the High Court.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

1. Well   change of surname in birth certificate may not be possible without consent of father. 

2. Hence you better make a affidavit affirmed from a first class judicial magistrate and then make a newspaper publication. 

3. Passport authority does act on the basis of affidavit and court order which you have. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

Yes, that could be possible that your daughter's surname will be same as like yours.

 

If you want all details I can help in this regards to you.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

Change of surname and correction of surname is different thing. First apply for update of surname at municipal office on the basis of sole custody order of court, short and fastest. Apply online else No option till lock down.

If refused than have to obtain order from court.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

If you will apply for the change of surname in birth Certificate than they may add @ or alias you can say.

But if you want to have only changed surname on passport than for that you need to file a declaration suit in the civil court. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Madam,

You have not mentioned the age of the child (daughter). If the child is minor (in age), you may easily change her surname by making one affidavit of name of change and have the newspaper promulgation. After that, you need to have gazette publication and then that name will be used everywhere. You may not need to have birth certificate with changed name. And after having the name change as suggested, you may apply for and get the passport on the name as decided by you. If need not to be in hurry and you may get the work done related to affidavit and newspaper publication in one or 02 days after lockdown is over. Then you may approach for gazette publication.    

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

You can change daughter surname by notification in official gazette and 2 local newspapers 

 

2) you need consent of biological father to change child surname 

 

3) change of name can be done in Bangalore as you are residing with daughter in Bangalore 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

1. See you can make an affidavit for name change in banglore or in your home town then can publish in 2 local newspapers and can send it for gazettee publication with prescribed fee. You cannot do it online.

2. After name change you can apply for adhaar and passport with new name.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

An affidavit newspaper publication then government Gazette. It can be done in Bangalore. As she is only 4 years old and hasn't enrolled in any school it is easier. 

You can apply for the passport anywhere.

Engage a lawyer in Bangalore who will help you out.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

- Under the provision of Section 14 of the Act, a birth certificate can be obtained without the name of the child. In such cases, the name can be entered by the concerned registration authority without any charge within 12 months and by charging the prescribed fee up to 15 years from the date of registration.

- You have all the documents with you to change the name of your daughter as per rule.

- Submit all the documents , like hospital papers , divorce decree , custody certificate , address proof etc with an application for correcting/change the name of daughter in the office of Birth registrar. 

- In Delhi you can take services of 1076 on your door step after lock down or you may call now . 

Mohammed Shahzad
Advocate, Delhi
6272 Answers
64 Consultations

5.0 on 5.0

You can perform this procedure in the home town.

 

Affidavit, 2 advertisement of change in name in the newspaper and than apply for state or central government gazette.

 

 


Yes please,  If you want to connect me. Kindly contact via Kaanoon.com call consultation.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

Yes all the procedures can be carried out in the current city after the NOC from Delhi auhtorities.

Whole process cannot be completed online, so you need to wait till the lockdown is over.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

For issuing passport, mother only can obtain passport without disclosing father details but surname will use of BC.

So surname change in BC is must to have your surname suffix child name.

BC will require to apply for other I'Ds of child. So change is must.

Gazette will issue where you have domicile. Child domicile decides by its parents, actually father but here you have sole custody so from your domicile.

I dont think online service is available.

First go through simple route. Apply for change of surname on the basis of sole custody order at municipal office. Normal form will fill available at window.

Only on their refusal will require court order. No need of Gazette, change of name in BC is permitted but not sure about surname.

Still apply of change of surname in  birth certificate for one time. For this, it would be mandatory to submit an affidavit mentioning that surname will not be changed in future.


Have to visit municipal office.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

For application of a passport, you can fill up annexure K to remove your husband's name from your passport and on that basis you can apply for a passport for your child by producing the original birth certificate and your divorce judgment copy along with a duly notarised affidavit to prove the change of her surname and a copy of the  newspaper publication to this effect. 

However the divorce is between the spouses and not the child.

You may have child custody but the fact that he is the biological father still remains.

Please be aware that the biological father of your daughter may file a suit against you changing her title without his permission,

Moreover there is no procedure to do all such things by online mode.

You may wait until the lock down is lifted.

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Besides notarised affidavit and publication in any local newspaper about change of her surname, you may even get it published in the government gazette publication to effect the change of name.

If you plan to apply for passport in Bangalore then you may better get this name change process completed in Bangalore itself.

For getting her admitted to school you dont need to provide any proof for her name so soon, you can fill up the admission form with the desired name in it.

 

In any cae you may be able to get all these done only after the lock down is lifted 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Yes you can do it in Bangalore. They have now started online procedure for Gazette notification in most of the states. You can change her name as per whatever you want through gazette notification

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

1. For passport you have to apply to the Regional Passport Office within whose jurisdiction you are permanently residing.

2. You are free to apply for passport with only your name as the single parent of child if you have been granted the custody of your daughter and there is no dispute pending now in any court. Annexure-C is the new format in which you have to state reasons for not mentioning the name of father of child.

3. Birth certificate shows the status of child at the time of birth. If it has already been issued and contains the name of father also then his name cannot be removed now.

 

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

Madam,

If you go by suggestions given by me, you are not required to move to Delhi, rather the same work can be done from Bangalore itself. You are suggested till lockdown and get the things done when lockdown is relaxed or ends. The passport with new name (your surname) will be fully possible. it is suggested that the authorities at registrar office may also ask you for the reason and documents for changing name on birth certificate. So the process of affidavit, newspaper publication and gazette notification will be necessary. It is suggested that this work may be done at any place i.e. your hometown or at Bangalore and also passport can be applied from any address. Process is very simple. For affidavit, you need to visit some court premises or some notary and get this work done in not more than 01 to 02 hours. Do carry the original as well as photocopy of documents, but don't show the original to anyone except Notary and until asked. Then you may visit and newspaper, advertisement agency and get the notice of name change advertised. Do buy and preserve the newspaper in sufficient copies and then approach govt publication office for gazette publication of your area for gazette publication. The gazette notification may take some time, but finally the work will be done.  

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

Dear Madam,

Yes, you can change your child’s name after attaining a divorce.

You can change your child’s surname without your husband’s consent. But, this may not be possible if your husband gets a restraining order for such a change. Once your child’s name is changed, make sure you also change it on other important documents like, Aadhaar, Pan Card, Voter ID, Passport, Driving Licence, Bank Documents, Insurance, Loans, etc,.

Documents Needed For Name Change After Divorce

These documents are considered mandatory for both minors and adults in terms of getting a Name Change in gazette. The documents include:

  • Letter of application and Profoma as prescribed by the gazette
  • Affidavit of name change
  • ID Proof of Individual: Pan card or Passport or Driving Licence or Aadhar Card or Voters ID.
  • Photograph: One passport size photo
  • Newspaper publication copy
  • Optional: Marriage certificate (To prove marriage had already existed), Affidavit (In case of any child adoption, an affidavit works well), Divorce papers (In case of applying for Divorce)

Important a Note: It is not mandatory to update your new name on your educational documents.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

You cannot delete the fathers name without his approval or NOC.  on the basis of NOC you can seek for name change. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

(1) Preparing an affidavit stating that you wish to change name

(2) Newspaper publication

(3) published in the Official Gazette of your state The following documents are involved in the entire process:

1) Name Change Affidavit

2) Newspaper Publication

3) Name Change Deed

4) Request letter to the Secretariat

5) Name Change Statement

6) Reply Letter from the Secretariat

7) Publication Money Receipt.

8) Gazette Notification

after you can apply for Passport 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

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