• Surname change

Can the surname of a minor child be changed after mother's divorce & remarriage, to the new father's sir name? The mother got the full custody of the child. The previous husband has not been entitled for any alimony or maintenance, neither permitted any visitation. 

Also, can the father's name be changed to the new father's name (as far as I know, the biological father's name can't be changed), please advise.
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
Dear Client,
Yes, the name can be changed. The father's name can be changed if  the step father adopted the child legally. Without legal adoption the biological father name can not be changed.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1.The full custody order has nothing to do with the change of name of surname of the child.
2. In other words unless the biological father of the child gives consent the mother can not change the name or surname of the child or the name of his father.
3. Biological father if he so wishes can bring appropriate civil proceeding to restrain mother form doing so.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
Normally biological fathers name continues only if step father adopt him you can add the name of his step father
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, first you have to adopt your son through adoption deed then you can change "Sir" name through process of the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) the surname of minor child cannot be changed after divorce and remarriage of mother without biological father consent 

2)mere fact that biological father is not paying alimony or maintenance makes no difference 

3) father can always make application for visitation rights of his minor son . court will grant such application . . 

4) if surname is to be changed deed of adoption has to be made wherein biological father and mother give child in adoption to step father
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. No. The surname of the child can not be changed without the consent of his biological father,

2. The fact that the biological father did not get visiting right or does not have to pay maintenance does not say that he his no more the father of the child,

3. He can file appeal and get his visitation right from higher court,

4. Please keep in mind that as you are the mother of your child, his biological father is also the father of your child till your child is taken on adoption by your present husband with the consent of you and your earlier husband,

5. Talk to him accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
In hindu law child get his father's title. Father is the karta of his family and along wIth his male child he formed coparcenary system. After remarriage of child's  mother and living in her custody does not itself  withdraw his title. If you want to change his title then step father should follow these procedure ....
1 adopt this child from his biological mother and father.
2  Prepare an adoption deed.
3. Get this deed registered. No nèed to perform " dattak home"
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
Only through legal adoption by Step father the surname may be changed through publication in two leading news papers along with the affidavit of step father or mother
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
No matter whether the mother gets divorced or not, whoever is child's father remains child's father.
Further you cannot restrict father for visitation , he may file application  before the court and the court may grant the same.
You can change the fathers name only by adoption and your current husband has to execute adoption deed and seek consent of biological father. The Adoption Deed can thereafter registered before Sub register.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
it is possible only legal adoption with consent of biological father
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Surname can only be changed on adoption as a step father or mother's surname. Since diversee father may approach court for visitation of child in custody with mother.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
1. Divorce between spouses does not affect the legal nature of relationship between parents and children.

2. Notwithstanding the denial of custody to the biological father the name of the biological father cannot be changed in any official record except without the consent of the biological father articulated in a deed of adoption.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

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