• Correct the name in birth certificate for my new born son

Dear Lawyer/Expert,

I am from Bangalore, India. I need your advice here, There is a spelling mistake in my Surname which is printed everywhere including my passport, Visa, all other documents and all educational & SSLC documents.
I thought it is tedious process to got for Name Change so never considered to name correction and continued with wrong surname.
Now, I have a new born Son for whom I am going to apply Birth Certificate (Not applied for it yet) and I want to have correct Surname in my Son's Birth Certificate.

1. If I directly write correct Surname in Birth Certificate application, there will be difference in Surname for me and my son then it may create a problem while applying for his passport or any legal property transfers. 
2. Or can I manage it with One&Same person affidavit ?
2. Or first I need to apply Birth Certificate with wrong Surname as mine then apply for name change for my son?
What is the right way to do? Please advice.

Thanks
Asked 3 years ago in Civil Law

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10 Answers

- As per law, you cannot change /correct name etc in your certificates after 2 years from the passing of the said qualification. 

- But , you can correct the name in other documents after executing a affidavit and publishing the same in official gazette. 

1. If you will write the correct surname in the birth certificate , then you son can face trouble in future 

2. Yes, but on this declaration , you cannot correct the name in all the documents and certificates as i mentioned above. 

3. You should write the correct name with the correct surname of your son , but fathers name should be as per the record , which you are having . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

You can execute one and same person affidavit that both are one and same person 

 

2) wrote  correct surname in your son birth certificate 

 

36 don’t write wrong surname for your child 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

1. You can give the correct and desired name as well as surname to your son to be registered in the birth certificate,  your own wrongly spelt surname has nothing to do with your son's correctly spelt surname. 

He will continue with his own name like you continuing with your own name. 

2. It may not be necessary. 

3. Don't complicate simple things. 

You may follow the first answer above. 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

My response below

1. If I directly write correct Surname in Birth Certificate application, there will be difference in Surname for me and my son then it may create a problem while applying for his passport or any legal property transfers.


Every person is free decide the spelling of his\her name the way he\she wants. Same goes for your son and you can enter the expected spelling for the surname for his birth certificate. Before the time comes for his passport
that may be couple of years from now, you can correct your spelling in the documents by the way of affidavit before notary\First class Magistrate and follow the affidavit process.

2. Or can I manage it with One&Same person affidavit ? ---Yes you can as mentioned earlier and if you have time, you can do the affidavit for yourself and attach
to his birth certificate application.

2. Or first I need to apply Birth Certificate with wrong Surname as mine then apply for name change for my son?

What is the right way to do? Please advice.---This will cause you to do the correction later for your son as well. So better to get his right
from the beginning and then proceed with correcitng yours. After you have done the affidavit you can also correct your passport by applying
for a new one or renewing with the affidavit and other documents required and update your records.

Hope this is of help

Aniruddha Chakraborty
Advocate, Bangalore
44 Answers

5.0 on 5.0

First you directly apply for your change in name through state or central government gazette and that too no need to make any changes in your documents. Only this gazette can be show to prepare documents for your son's birth certificate and other documents.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hello,

  1. You must apply with the correct surname for the birth certificate of your son. There's going to be no confusion as the birth certificate will have your name as it is now.
  2. You will not need the one & same person Affidavit.
  3. You don't need to apply with wrong surname and subsequently apply to correct it as you will obviously apply with the correct surname.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

you can apply for change of name online from the official website of the government by providing all the relevant documents.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

There is minor typographical error in your surname 

 

hence not necessary to apply for name change 

 

your child birth certificate should reflect desired name and surname 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

The biological parents have full rights to name their children as per their desire and choice. 

There's no such thing called as the name of the father and child should tally in the birth certificate of the child. 

It is not necessary that the child should have the surname of the father to prove his birth and parents. 

Therefore you don't have to be worried on this count.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Hello,

 

My answers 

 

"

Correct me, So Now I can fill and get Birth Certificate in below form 

1. Name of Child: Desired Name & Surname (Correct spelling)

2. Father’s Name: Existing Name & Surname as per his existing documents"

If you follow my last suggestion, you will find that I have suggested you enter your Son's name according to the expected spelling (for the Surname specifically). Birth Certificates do not get into the details of how the father's name is spelled unless that is Computerized and the digital form rejects the entry. First, try to input the correct Surname for yourself in his birth certificate and see if the corporation or municipality raises any questions.

If it does, you can do an affidavit for yourself as one and the same person and attach it with the certificate, though I believe that won't be required. If you have time you can do the affidavit before applying for your son's birth certificate and directly move with the process. So either way, it is advisable not to enter the unexpected spelling for his surname. Further, if your family or father's surname is spelled correctly and the way you want, it can be a good reference you can furnish before the concerned authority to establish the misspelling in your case.

 

All of these are because your current Surname, according to you, is not spelled correctly in your documents and eventually needs to be corrected. This way you are avoiding going through the same process for your son to correct back misspelled surname for him in the future and at least get his records straightened out from the beginning.

 

Your second question:

"

In this case there will be difference in Surname for Father & Child, but it will not create any problems while applying
Passport, VISA or any property transfers."

These days all documents start with Adhaar. So right after the birth certificate it is advisable to get the Adhaar card done for your son. Now,
I will advise before filling up his Adhaar form if not done already by then, you should definitely get your affidavit and have his Adhaar records with both your and his Surnames as expected.
Because, Adhaar will eventually be used to issue other documents like Passport etc, this will reduce hassles for you and your son in future.
Although, I have not seen Adhaar entry form to complain about different spellings for the father's name but because the Government of India is trying to centralize and maintain
all citizens' records to minimize ambiguity and duplicacy that often arises due to differently spelled names, my personal advise will be to do your affidavit and keep it handy for such
entries that may complain about different surnames and get the records entered correctly.

From here on, please ensure that the correct Surnames are entered in all his future documents to avoid chances of mismatch.
Please feel free to get back if you require further clarification.

 

Aniruddha Chakraborty
Advocate, Bangalore
44 Answers

5.0 on 5.0

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