• Change mother's name in birth certificate

Hello,

I have a daughter from my first marriage. I want to get mother's name changed in her birth certificate with my current wife's name. My ex-wife is ready to help legally to get this change done. Can somebody please advice how it can be done and time required? Do I need to get adoption done?

Thanks.
Asked 12 months ago in Family Law from Jalandhar, Punjab
Religion: Hindu
You can not change the name of mother in the birth certificate even with the permission of her biological mother unless the biological mother gives her child in adoption to your current wife.
So get a registered deed of adoption first for doing so provided the child is below the age of 18 years.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) you can't change the biological mother name in birth certificate 

2) your first wife can however give your daughter In adoption to second wife with your consent 

3) deed of adoption had to be duly registeted 

4) on basis of adoption deed your second wife  name can be reflected in your daughter school records 

5) then apply to registrar of births to reflect name of your second wife in birth certificate 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1. Yes
2. Married woman can adopt a child.
3. Meet a local lawyer who will do the needful.
4.Format is available on payment of professional fees.
5. You can apply in the local Municipal authority.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) we don't provide formats of adoption deed 

2) the adoption deed has to be executed on Rs 200 stamp paper and has to be registered with sub registrar office 

3) on basis of valid adoption deed name of adopted mother can be reflected in the birth certificate 

4) you can make enquirers with registrar of birth of your state 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
I have a daughter from my first marriage. I want to get mother's name changed in her birth certificate with my current wife's name. My ex-wife is ready to help legally to get this change done. Can somebody please advice how it can be done and time required? Do I need to get adoption done?

Biological parents name cannot be changed in the birth certificate without a court order or a registered adoption deed in which new parents name will appear.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Need for child adoption may arise for various reasons. The husband or wife, who were normal and fertile at the time of marriage may subsequently become infertile due to administration of wrong drugs, accident, physical illness or unsoundness of mind etc.
A Hindu woman can adopt a child if she is domiciled in India and is either unmarried or a widow or a divorcee. If she is married, only her husband has the capacity to adopt a child under HAMA, she has no capacity to do so. With some exceptions which are given below:
a) If husband has been declared to be of unsound mind by a court of competent jurisdiction
b) If husband has completely and finally renounced the world
c) If husband has ceased to be a Hindu.
Adoption is like removing a tree with its roots from one place and planting it at another place. After adoption, the adopted child loses all its ties with the natural family and is treated like a born child in the adoptive family.
Under the HAMA, adopted child is deemed to have been born to the adopting family on the day of adoption for all legal consequences of adoption.




1. Is it confirmed that the mother’s name can be changed on birth certificate if adoption deed is done in favor of my current wife’s name?
If adoption deed is legally executed then this intended changes can be incorporated.  If there is no proper adoption taken place, then the wife can be considered as step mother to the child and will not be entitled to have her step mother's name in the birth certificate instead of her biological mother's name. 




2. The adoption will be done under HAMA or Ward and guardian act? as I read that a married woman cannot adopt a child. Please clarify
The provision of HAMA in this regard has been given above, you may read t once again. 


3. Can you please throw some light on the process of how adoption deed can be signed and registered? Will the adoption deed be signed privately and then registered in court or do we need to get in front of judge to sign it? I am confused on this part. Please explain. 
Registration of adoption deed or any deed shall be done in the presence of registrar in the registrar's office only and not before any court. 



4. Please do provide format for the adoption deed.
You may engage the services of a document writer or a local advocate for this purpose. 



5. whats the process of changing the name from birth and death registrar? Someone told me that its not possible to get it changed in Punjab. Is there anything specific to state?
The registered adoption deed along with an application to incorporate the desired changes can be tendered before the registrar of births and deaths.  
For availability of this facility in Punjab, you may verify it from local registrar's office because the local laws also applies to this. 

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. The birth certificate shows the status of the newborn as on the date of application for registration of birth. So even if your ex-wife gives your daughter in adoption to your current wife the name of your current wife cannot be incorporated in her birth certificate. 

2. There is no bar to a married woman adopting a child if she does not have a child of your own. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Biological father's and mother's name always higlated in birth certificate.Law is not permitted to change the names unless the name is wrongly mis spelled . For changing the new name is impossible.Adoptive mother always adoptive not a biological one.  

After creating a adoptive deed the second wife name will highlighted  in your daughter educational records. 

1. Second wife is always adoptive wife 
2. MARRIED WOMEN CAN ADOPT 
3.adoption can do with court or  registered a deed executed before registrar.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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