• Child’s religion on the document

Hi,
We live in India. Mine is inter religion marriage hindu( boy) and muslim ( girl). We had an islam ceremony and also registered our marriage as per indian special marriage act ( we live in India)
We just had a baby girl recently. My questions is 
1. If both parents agreed, is it possible to have the mother’s religion to the child on the documents. If so what conditions apply and what is the process to approach?
Asked 3 years ago in Family Law
Religion: Hindu

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12 Answers

You can mention mother religion in child birth certificate 

 

2) When you apply online for the child’s birth certificate, you will find options of Hindu, Islam, Christian and a fourth, one saying ‘other religions’ under Religion column.

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

 

As per Indian Law, the child shall get father's religion and caste only. Rest there is only one condition where a child can get mother religion or caste support when the mother is single lady and child is been grown up within the community and culture of the mother that too through the respective court where the mother shall have to contest the matter and prove her ground.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

There's no restriction for the child to adopt the religion of either of the parent.

There are various judgments permitting the parents to choose the religion of their child of its choice.

Therefore you can register the religion of your child ad you both have decided.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

It seems that you are following the practices of both the religions. In Indian society, there is a normal practice that the child born to the parents of different religion shall govern by the religion of father. However, you being the parents of a new born baby girl free to decide as to what religion should you mention on the birth certificate.

The child on attaining the age of majority i.e. 18 years may also free to decide his/her religion. 

 

Rajinder Kumar
Advocate, New Delhi
98 Answers
6 Consultations

Yes he can adopt mother religion if he wants and needs to do it by executing necessary documents affidavit and religious process if any 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- If you have already embraced Islam as your religion , then legally you can give Muslim name to the daughter 

- Further , as your marriage was solemnized under the custom of Muslim , it means that you have marry with her being a Muslim 

- Hence , even you having a Hindu name , can registered her name as Muslim baby. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

As per Indian law a child gets the religion of his father but if both parents agree that their child should adopt the religion of his mother then they can do so by executing necessary documents (if required).

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

No documentation is sought when mentioning child religion as Muslim 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The documentation related to conversion to mother's religion if he is presently at fathers relation. If not then mother relation documents since his birth

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The proof of mother's religion would be sufficient to enter the same as child's religion. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client,

You need to show the proof of mother's religion in this case.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Since, you have married with her as per Muslim Customs , then you can submit the proof of marriage for the naming of daughter. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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