• How to Name of Child in Birth Certificate

Hi Lawers,

My wife registered name of new born girl without asking me in Kalyan Dombivali Mahanagarpalika (KDMC). 
Actually we have some issue in our marriage. My wife was at her parents home about 10 months after delivery. They have not did Naming ceremony. I aske many times to do. But they refused. Also as a parents we have not decided any name. Whatever she registered name, I was not agree for that name. Even though she registered name in birth certificate without informing me.

She returned home after 10 months of delivery. As there was no BARASA or Nameing Ceremony, we decided to do Naming ceremony and first birthday. Few days before we both wife and me decided one Name "SURVI". After few days later I went to KDMC for registering birth certificate, then I got to know it is already registered by name of "ADVIKA". So I told them that we did naming ceremony on first birthday. so how anyone can registered name. I showed them Invitation cards.
But they told me now we can not change name in birth certificate.

Please advice me how I can change name of my child in birth certificate?

Aslo, Can I file Section 420 against my wife and her parents for giving wrong information to government?

Regards,
Suyog Tambe
Asked 6 months ago in Family Law from Nalasopara, Maharashtra
Religion: Buddhist
The name of the child can be selected by either parent. The naming ceremony does not preclude her from selecting a name different from what was selected at the ceremony. There is no question of s.420 coming into picture. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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The change of name of your baby cannot be made now in the birth register of the municipal/local authorities.

 2) you can follow the procedure for change of name by executing affidavit , publishing in 2 local newspapers and publication in official gazette 

3)the new name can be entered into in school records of your child 

4) no case of cheating is made out against your wife and her parents 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Hello,
1) You can get the child's name changed in the Birth Certificate by following the procedure listed below. However section 420 complaint is not applicable in the instant case.


1.Approach the nearest Notary office and explain the concern for change of name in Birth Certificate and make a affidavit.

2. Publish the name change in to reputed newspapers (One Local news paper where you are residing and One in a newspaper in the area permanent address)

Template for Newspaper Publication:

Here is the template for name change:

I, 

Sri ___________________ (old name) have changed my name from __________________ (old name) to ______________ (new name) by affidavit sworn before the Notary Public, ______________ (place) on ___________ (date). Henceforth, I shall be known as _________________ (New Name) for all purposes. ______________ (Name) and _______________ (Complete postal address).

Signature



3. After publishing in news paper, submit the hard and scanned copies of the documents while applying the change of name in the certificate.

4. For publishing your name in the Official Gazette of your state, visit your local Government Press or the department that mobilizes Gazette notification.

5. Ask for two copies of Deed Changing Surname Form. Fill the form with all the correct details.

6. You can introduce yourself to a person of that department who can help you for Gazette Notification.

7. Which and Where to send your Documents:

> A letter to Secretary stating the name change.
> Deed Changing form
> News Paper Copies where the name change is published.
> A declaration given by you as given in the newspaper in the plain paper.
> Identity Proof (Photocopy)
As the child is a minor you and your wife have to make separate affidavits stating reasons for the name change in the Birth Certificate.

8. Submit all the documents to Secretary, Department of Commerce & Transport (Commerce) Maharashtra in KDMC.

In the template given above you need to make relevant changes as you would make it on behalf of your minor child.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi, File a suit in the Civil Court for change of name and make the KDMC and State of Maharashtra as a parties in the Suit.

2, Normally Court will allow you to change the name of your child and also request the Court to issue fresh Birth Certificate.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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1) In my view nane cannot be changed in birth certificate 

3) you can change the child name by executing affidavit , publication in official gazette , local newspapers and then new name can be entered in child school records 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
If the name of child had been selected and incorporated in the birth certificate and subsequently your wife changed her name without your consent then you can file a suit for declaration to have the new name cancelled. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Please advice me how I can change name of my child in birth certificate?

Name of the child cannot be changed in the birth certificate once it is registered and any corrections in spelling can be made as one time relief.
For name change you have to get it published in the government gazette







Aslo, Can I file Section 420 against my wife and her parents for giving wrong information to government?


There is no cheating done by them hence no such case is maintainable against them.
T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
5.0 on 5.0
As per Adv. Mathew's advice, If I did procedure (making affidavit, publish in news paper) (point 1 to 3), then I can apply for for change of name in birth certificate. Is it right what I understood?

Then also you cannot change the name in the birth certificate. You can keep the gazette copy together with other documents as a proof of change in name.






Or I need to do all procedure (point no 1 to 8) then I will get Birth Certificate with new name??

Any effort taken by you shall not entitle you to get a changed birth certificate.







In KDMC notice borad, it is written that " Name on Birth Certificate can not be change". 
So If I did above procedure, then I can change name in Birth certificate. Right.?

NO







Or KDMC need court order to change name in birth certificate?

Court will not entertain any petition for change of name in the birth certificate.
You can change the name by publishing the same in the government gazette publication alone and this will not cannot change the name in the birth register.
T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
5.0 on 5.0

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