• Can I use a name for my child’s birth which I have yet not legally changed

I am a Hindu and have converted to Islam. There is an affidavit for conversion with my adopted islamic name in it.

Though i have not yet legally changed my name in other official documents, I wish to use my changed name for my child’s birth certificate which is due in the next 15 days. 

Considering the time constraint, is there any alternative where on how i can register the birth certificate with my changed name
Asked 3 years ago in Civil Law

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7 Answers

Yes you may register the child's name as per your religious beliefs/choice as he will follow the religious belief and religion which you folow. You may change your name officially afterwards.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Pending completion of legal formalities for the name change, you can give the following name to the hospital for entering in the birth certificate-

 

Say your original name is Asha Mehta. And upon conversion its changed to Aisa Shaikh. 

 

So you can inform the hospital to enter the following name in the BC - 

 

Mrs. Aisa Shaikh formerly known as Asha Mehta 

Yusuf Rampurawala
Advocate, Mumbai
7523 Answers
79 Consultations

5.0 on 5.0

- Since you have already embraced Islam as your religion and changed names of family members accordingly, then take a conversion certificate from the Qazi who was there for the formalities of Shahada.  

- Further, if your child is below 18 years, then that affidavit should be property stamped from the notary public.

- Further, publish a public notice in any newspaper of Mumbai after mentioning that the name of your child has been changed from Hindu name ...... to Muslim name .....

- Further for removing any hurdle of his future , publish this notice also in Government Official Gazette . 

- This Gazette notification can be used in changing his name in birth certificate and other governments documents . 

Mohammed Shahzad
Advocate, Delhi
13282 Answers
198 Consultations

5.0 on 5.0

Mere affidavit of conversion is not sufficient 

It has to be published in 2 local newspapers and official gazette 

 

you cannot use your changed name for child birth certificate as it has not been published in official gazette 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

Dear Sir/Maam,

1) Unless you have undergone the entire legal process of legally changing name, that includes gazette notification and newspaper publication, the use of the Islamic name would be invalid.

2) Thus you cannot use you new adopted name on basis of only affidavit in you babies birth certificate.

Thank you

 

Anik Miu
Advocate, Bangalore
8952 Answers
110 Consultations

4.7 on 5.0

Since you have converted yourself to Islam and started to preach the said religion and also have an affidavit for having changed your name by following the legal procedures for name change, there is no embargo in you registering your new name as the name of the father ion the child's birth certificate.

If you do not have any intention to return to your parental religion anytime in the future, you can go ahead with your changed name to register it as your child's father name in the birth register for obtaining a birth certificate accordingly.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2210 Consultations

5.0 on 5.0

1. On the basis of affidavit alone you will not be able to get your new name added in your child's birth certificate.

2. First get your name changed in your documents of identity and then apply for registration of your child's birth with your changed name.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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