• Change in surname in my daughter's birth certificate

Hi...my post married surname is mentioned on my daughter birth certificates and all hospital records and discharge paper too carries my post marriage surname.  I want my maiden name in my daughter's birth certificate as my passport/ dl/ pan everything is in my maiden name....she was born in gurgaon
Asked 1 year ago in Family Law from Gurgaon, Haryana
Religion: Hindu
1) there is no mistake in your child birth certificate as it correctly reflects your married surname 

2) had there been typographical error in the birth certificate you could have rectified it by making application to registrar of birth supported by affidavit 


Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
You cannot change the surname in the birth certificate for your convenience.  Your daughter's surname has nothing to do with your pre-marriage surname. This would have been the name given in the application hence it cannot be be changed by the authorities for such reason.  However you can change her surname or even her original name itself to some other name of your choice by  following the prescribed procedures meant for change of name including publication in the  government gazette to effect this change. What ever worth it is,you may give a  try by moving an application to the registrar of Births and deaths in your residential locality to effect the change. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
First change the name in the birth certificate as per wish, after that you can change the name in all other certificate by filing application for changing the name with the help of Birth certificate .
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Hi sir/madam, you have to give one representation to the concerned hospital and local birth and death registrar office for rectification of the surname in the birth certificate and  in the hospital records. If the hospital and registrar refused the same, you have to issued a legal notice u/s 80 of the Code of Civil Procedure, 1908 for statutory period notice, after completion of the statutory period notice, you have to file civil suit for declaration of change of surname from old to new in the birth certificate and hospital records etc.,. After decree of the suit, you will produced the said decree before the registrar of death and birth, hospital and etc.,. they will rectified the same. It is the procedure. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
Your maiden name cannot be incorporated in any of the documents of your daughter except with the consent of her father. 

Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. She is the daughter of her father also for which as per the custom she should carry her father's surname,

2. Only your desire to change her surname to your maiden surname will not be accepted by the Court. Her father's desire also will be sought in this regard,

3. If both of you file  petition for declaration that she should have your maiden surname as her surname, the Court will pass the said declaratory order,

4. This Court order i required for changing her surname since when she grows up she will face problems from passport and/or other departments for not having surname of her father what have been mentioned in her birth certificate.

Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
231 Consultations
5.0 on 5.0

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