• Correction of mother's name in child's birth certificate

My wife's name in my son's Birth Certificate has a minor spelling mistake. Instead of an "A" there is an "U" mentioned in here spelling on the son's Birth Certificate. My son's School does not accept the correct spelling even after showing them my wife's Birth Certificate, PAN Card and Passport. They are asking for a affidavit and Name Change Gazette for correcting my wife's name. This they will send to the educational officer in Zilla Parishad and obtain their approval.How can I get a name change Gazette when my wife's name is correct in all other records? Will this not be illegal? will very much appreciate if someone can give proper guidance. My son is 15 years old so a minor.
Asked 8 months ago in Family Law from Thane, Maharashtra
Religion: Hindu
You have to make application to Registrar birth and death in your city for correction of mother nane in your child birth certificate 

2) your wife will have to submit affidavit of her correct name and enclose documents like election card , ration card etc which reflect the correct name
Ajay Sethi
Advocate, Mumbai
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Affidavit

I, ---------------- ( W/O, )-------------------------R/O------------------------ do hereby solemnly affirm and declare as under:-

1. That the exact spelling of the name of my ( father / mother / child ) is

--------------------------------

2. That at the time of Registration ( Birth ) the ( name ) was entered as ----------------------------------

3. That I hereby declare that the correct name / mother name/ is --------------

4. That I further declare that the place of occurrence ( birth ) is as

follows-----------------

That this is my true statement

Deponent

Verification

Verified at .................... on this -----------day of-----------------month-------------------year that the content of this affidavit are true to b best of my knowledge and nothing has been concealed thereform.
Ajay Sethi
Advocate, Mumbai
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Your son should through his mother apply for rectification of his mother's name in his birth certificate. This alone will be accepted by all authorities. Changing name in official gazette, unless preceded by rectification of error in the document itself, has no legal character and force. The procedure thus should commence by applying to Registrar of Births and Deaths for rectification of name. If rectification is disallowed then you will require a court order.
Ashish Davessar
Advocate, Jaipur
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1. publish it in a news paper which has circulation in your vicinity this publication is called gazette. 

2. produce this gazette before appropriate authority in zila parishad with a view to bring this in government notice. 

Shivendra Pratap Singh
Advocate, Lucknow
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The registrar of births and deaths may be approached with an application  to correct the erroneous name of the mother  of the child in the birth certificate by attaching documentary evidences to prove the correctly spelt name and showing the error in the birth certificate in this regard.  
The authority may correct the name and issue a corrected birth certificate which would solve the problem.
If the registrar for births and deaths do not entertain your request you may either approach court for declaring the correctly spelt name or can make an affidavit stating the error that crept in the birth certificate and produce the same before the school authority which may solve the problem.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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