You will require husbands permission for change of name. Change of name if not possible with brith certificate only gazette notifications can be done. If you have full custody then you may not require husbands permission
Surname change of minor
Is it possible to change my child's surname after divorce without the father's consent ? I am not remarried. My surname is still my father's name which I will never change. I wish to change my child's surname to that as mine. The father of my child has consented gaurdianship to me (the mother) under the Gaurdian and Ward Act. He has visitation rights. Am I required to notify the father before filing an affidavit for changing the surname ? Or is the name change ad posted for that purpose so he can object the name change if he so wishes ?
Asked 5 years ago in Family Law
Religion: Muslim
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14 Answers
1. Without the consent of biological father the identity of the child in terms of his name or surname is not permissible.
2. Mere grant of guardianship doesn't entitle you change surname without consent of her father.
3. Therefore before you get entangled in litigation first take consent of her father.
He is still your child's father. Anyways if you want to change it follow tye usual procedure by making an affidavit and advertisement in 2 local newspapers and in a government Gazette.
You may change the sur name of child without informing divorced husband.
You have to approach Gazette office of the State Government wherein you have to fill the form and pay requisite fees for the same.
The surname would be changed.
Legally it is possible under the Death and Birth Act 1969.
It is not possible to change child surname without father consent
2) biological father can object to change of surname
The change in name whether surname or the very name itself, you may have to obtain permission or consent from the biological father of the child.
The divorce is between you and your husband alone.
The biological relationship of father and child has not been severed due to divorce.
Therefore the father is always having rights over his child, you have to obtain NOC from him for this.
You can apply for change in name no issue in it. Because after changing name than also his or her biological father's status do not change.
File a specific performance suit against the registrar birth and death for change in surname.
You have custody under Guardianship and Wards Act so consent of father is not required
Madam,
It is quite possible to change the surname of the child without informing his father. There will be no much issue as you have the guardianship of the child. You may be required to prepare the affidavit, thereafter do the paper publication and then gazette publication.
NO unless you have full custody by order of court or father have abandon the child.
If father is agree for sole child custody to you than also ask him to permit you to change child surname. Otherwise his consent will require.
Without legal adoption the biological father name can not be changed.
In other words unless the biological father of the child gives consent the mother can not change the name or surname of the child or the name of his father.
- As per the Supreme Court judgement in the matter of ABC Versus The State, AIR 2015 SC 2569, birth certificate can be issued in the name of mother after taking an Affidavit for the same, without mentioning the name of biological father.
- Hence, after the divorce , you can submit an affidavit after mentioning the details , for getting a birth certificate without the name of his father , and specially after producing the order of the Court under the Guardian and Wards Act.
- You can produce this judgement before the municipal corporation , and in refusal file a case before the court.
You must get consent of father of child otherwise he can object to change of name when go through name change process through gazette notification By posting advertisment for name change.
No you need to take consent of the father
