• Only mother's name want to carry with my minor son after divorce

Dear Sir/Mam,
I have divorced with my husband two years back. I have full custody of my Son (4years Now). I want to give my name to my son instead of his father's name in his all documents like Aadhar card, domicile, Birth certificate etc. How can I do this?
Also, Please provide the Supreme Court/Haryana High Court Judgement copy for the above purpose.
Thanks,
Asked 1 year ago in Family Law from Faridabad, Haryana
Religion: Hindu
1) mother cannot change child surname without biological  father consent 

2)  The biological father has the right to obtain a stay order if their second name is being changed

3) you may have the custody of the child but father has visitation rights for the child 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
 if father gives consent name can be changed by publication in official gazette and in 2 local newspapers
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Hello,
1) You can change the surname of your child from that of your ex husband to that of your name only with the consent of the father of the child if he is alive.

2) You need to make bona fide affidavit and submit the same in the concerned departments that have issued the certificates with a certified copy of the document concerned along with affidavit from your  ex husband.

3) You will also have to make publication of the changes in the Gazette and two dailies, one in the local vernacular and one in English.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Mother's name can always be added to the child either along with biological father's name or mother's name alone.
Children can use either their mother's or father's name," a Government Resolution issued by the Women and Child Welfare Department  said. This is in accordance with the third women's policy, 2014, cleared by the state cabinet in March.
If any woman faces problems in exercising the choice, she can complain to the concerned district collector. In case of children, they can now mention names of both the parents, or either of them, in the documents, the Resolution said.
When a single woman or unwed mother applies for her child's birth certificate, it must be issued on the basis of her affidavit and without insisting that she disclose the name of the father, the Supreme Court ruled.
"In today's society, where women are increasingly choosing to raise their children alone, we see no purpose in imposing an unwilling and unconcerned father on an otherwise viable family nucleus. It seems to us that a man who has chosen to forsake his duties and responsibilities is not a necessary constituent for the well-being of the child," the bench of Justices Vikramjit Sen and A.M. Sapre said.
The Supreme Court ruled : "The law is dynamic and is expected to diligently keep pace with time and the legal conundrums and enigmas it presents.... We direct that if a single parent/unwed mother applies for the issuance of a birth certificate for a child born from her womb, the authorities concerned may only require her to furnish an affidavit to this effect, and must thereupon issue the birth certificate, unless there is a court direction to the contrary."
The court explained why the ruling would go beyond an individual case.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Can we proceed for this if his father's give consent? if yes than What is the procedure for this?
Yes, you can proceed by following the procedures guided by supreme court stated in my earlier reply.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
get an NOC from him and apply for amendment/correction of names but in the father's name you can not changed until the child will not be adopted by any other person/step father. if any.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
No this cannot be done except with the consent of the biological father of your child. Please note that a judgment of a court of law deciding the issue of child custody does not abrogate, reduce of alter the vigour of the legal character of the relationship between the ward and guardian. So this can be done only if he consents thereto.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Naveen Dogra vs CBSE AIR 2013. File a declaratory suit against his father for removal of his name. If father is agree then you can remove his name. Name cannot be removed without his consent because child has some interest and right in his father's property even after divorce of parents. 
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1914 Answers
19 Consultations
5.0 on 5.0