• Issue with change of name of minor girl child after divorce

Dear Sirs,

We are facing a strange issue and we are not able to find a solution to our problem.

In the year 2007, I got divorced from my husband by mutual consent. I have a daughter from the wedlock. She is 15 years old now and is in Standard X. However, in the divorce decree, there is no mention of custody rights or visitation rights. The only thing mentioned is that the biological father will pay a fixed amount every month for the maintenance of the daughter. 

I remarried in 2009. The relation between my girl child and my second husband is healthy and loving. However, we were not aware of the fact that we need to get an NOC from the biological father for adoption. We straight-away changed her name via a gazette to reflect the new fathers name and surname. We submitted the name change documents in the school and got her name changed when she was in the 4th Standard. All her bank accounts, Aadhar card etc are having her changed name with the second father's name.

Recently, when we applied for getting her passport made, the passport officials asked for custody and adoption documents. It was just 2 days back that we realized that we should have done this.

The biological father has refused to give the NOC for adoption letter. Because of this, in the current scenario, the issues that we are facing are :

1. As she is in Standard X, her marksheet, School leaving certificates etc will have the name of the second father.

2. But her actual legal name should still have biological father's name.

So my questions are (with the best interest of the daughter's future in mind) :

1. In the current scenario, is it best that we revert her name to include the biological father's name in the school by making an affidavit and submitting newspaper ads, thus having all her future documents reflecting this? With this step, we will need to get all her documents and various IDs updated accordingly.

2. Can she legally change her name and make the second father as her adopted father, without the NOC of the biological father, after she becomes 18 years of age?

3. If yes to the above question, should we continue as it is (with the daughter's name having second father's name in all her school certificates and ID cards) or should we revert to the first name for the next 3 years?

Thank you!
Asked 11 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1)in order that name of her adopted  father is reflected in her passport and other documents deed of adoption has to be executed by the biological father . without the consent of biological father and mother child cannot be given in adoption . 

2) your daughter cannot make second father as her adopted father on attaining 18 years age 

3) it is better you revert daughter name to that of biological father name in school records 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:
1. In the current scenario, is it best that we revert her name to include the biological father's name in the school by making an affidavit and submitting newspaper ads, thus having all her future documents reflecting this? With this step, we will need to get all her documents and various IDs updated accordingly.
Opinion: it will be better for her future.

2. Can she legally change her name and make the second father as her adopted father, without the NOC of the biological father, after she becomes 18 years of age?
Opinion: no, she can not change her father name and she can not make the second father as her adopted father because she has crossed the age limit for adoption.

3. If yes to the above question, should we continue as it is (with the daughter's name having second father's name in all her school certificates and ID cards) or should we revert to the first name for the next 3 years?
Opinion: it will be better to mention her biological father's name with her.

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Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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Without the consent of the biological parent the name of the child can not be changed. So I would advise not to do that.
After 18 years the child can change her name to anything she wishes.
An affirmation of an affidavit from the 1st class magistrate is enouyh for this.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
So my questions are (with the best interest of the daughter's future in mind) :

1. In the current scenario, is it best that we revert her name to include the biological father's name in the school by making an affidavit and submitting newspaper ads, thus having all her future documents reflecting this? With this step, we will need to get all her documents and various IDs updated accordingly.
The name change in through gazette publication can be accepted as a change of name only and not for changing the name of the biological father.  Biological father's can be replaced with the adopted father's name only by a written consent by the biological father to give adoption to the adoptive father and the adoption deed is to be duly registered. 
The school records cannot be changed now by making any affidavit to this effect now, however for application o passport, you can fill up annexure K to remove your husband's name from your passport and on that basis you can apply for a passport for your child by producing the original birth certificate and your attaching your marriage certificate showing the proof of your second marriage and second husband's name with an affidavit stating that your child's name was erroneously changed to her step father's name  owing to the divorce and remarriage, however there is no objection for issuance of passport with her biological father's name.  Such affidavits are to be drafted with proper words to convince the authorities for issuance of passport. 




2. Can she legally change her name and make the second father as her adopted father, without the NOC of the biological father, after she becomes 18 years of age?
There can be no legal  adoption after she attains 18 years of age.




 3. If yes to the above question, should we continue as it is (with the daughter's name having second father's name in all her school certificates and ID cards) or should we revert to the first name for the next 3 years?
You may see my answer to first question.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1. File a declaratory suit praying for a declaration that your daughter should have the title of her biological father and also a direction upon the authorities to change her title as per the title of her biological father,

2. She can change her title under affidavit but she can not change the name of her father,

3. Ensure that she carries the title of her biological father without any further delay.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The gazette notification is non est and the change of name in her documents is illegal. The competent authority which changed her name in the documents is liable to be prosecuted on a complaint by your ex-husband as this could not have been done without his written authorization.

2. You inevitably require the consent of her biological father for adoption and change of her name in her academic records and documents of identity. Nobody can give himself in adoption. Even after she attains the age of majority she will continue to be the daughter of her biological father, and thus cannot change her father's name in any of her documents without the consent of her biological father.

3. You should update her name in all her documents to reflect her biological father's name therein.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) you have taken the right decision to revert to daughter name as reflected in her viru certificate
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
It is difficult to throne the biological father from your daughters life. He is one of the person who bring her to this earth. All the fathers come to existence is only in second stand. If you think about the future of child then better to revert back all the documents. After 18 years the child can change her name to anything she wishes.But the name of father is always reflect as biological father even other  wise a proper adoption is done. 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Hi, you have to file a suit before the jurisdictional court for change of name and also include the biological father name.

2. You have to make stage government and school authorities as a party in the suit.

3. before filling a suit you have to issue a notice as contemplated under section 80 of the Civil Procedure Code.

4. Without consent of the biological father second husband of you will not able to adopt the child.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The question is not about indulgence in any illegal activity but it as act of ignorance of law.
If anyone can do anything what they would like to with an issue currently before them, then a regulating such affairs have no meaning.  Hence adherence to certain rules will always be a convenient situation not only for the present but for the future situations too. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1.Please be aware that the biological father of your daughter may file a suit against you changing her title without his permission,

2. You should be careful in this regard.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Good luck!
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
yes it will be better
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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