Can a child opt mother's surname instead of father's?


Please help ! I want my child to opt my wife's surname instead of mine. is there any law in india ? What would be the procedures to follow? Of what I should be careful ?
 
Reply   
 

U can do it .if u don't object it is enough.
 
Reply   
 



Thanks. ButI want to know the legal procedures plus If I get any hurdle from society and govt. bodies.

 
Reply   
 

Let the proceedings shall be made by Ur wife and u consent it.ie in birth certificate .namakarna, at the time of school admission.adhar card,etc.
 
Reply   
 
Scientist/Engineer

A person is free to adopt any name or surname that he wants. But once the name or surname comes into records and documents a procedure has to be adopted to change it. The person himself or herself can do it in the case of adults. In the case of those under 18 years the parents or guardians can do it. If the surname of the child has not been shown in any record so far, you and your wife can do it in any future record.

 
Reply   
 

Today I had a conversationwith the Health Center Employee. She said it would be very difficult to opt mother's name in the birth certificate as this indian societyesp. rural areas are dominated by men or their men's culture which is running from the ancestors. Even we have laws or not, Father's surname would come out in the birth certificate. 

 
Reply   
 
Scientist/Engineer

A birth certificate gives only the name of the child (if reported), whether it is boy or girl and the names of the father and mother as reported by the person reporting the same. The surname of the child is not entered. Thereafter when the child is admitted to school the name and surname are given. The name has to be as in the birth certificate for the purpose of identity. If the mother's surname is given, whether it is accepted or not will depend on the mentality of the person in the school accepting the admission form. If there is resistance you will have to convince them. There are women who do not change their surname after marriage. In such cases the name of the mother of the child will appear with her maiden surname in the birth certificate. There are children, who their father is, not known. There are also children of divorced mothers, who do not want to give their ex-husband's surname to the child.

Among Nairs in Kerala, children, by custom, have mother's family name. Many modern Nairs have adopted father's name, though not necessarily his surname, which may be his mother's surname.

 
Reply   
 
Scientist/Engineer

In South India, the practice of surname is not there. Persons have their name and their father's name only.  In mythology there is the story of Satyakama. He goes to a guru and requests him to accept him as his disciple. The guru asks him whose son he was. He gives his mother's name. The guru asks him the name of his father. Satyakama goes to his mother and asks her who his father was. She replies "I have co-habitted with many men. I do not know who your father is". Satyakama goes back to the guru and tells him what his mother said. The guru accepts him as disciple with his mother's name.

 
Reply   
 
ha21@rediffmail.com Mumbai : 9820174108

1. "ONLY" father's side surname can be annexed with the childs name, as far as statutory legality is concerned.  This can be circumvented only thru name/surname change proceedures and consequent publishing in a Govt. Gazette, for permanancy.  Name change without following due procedures of law, would be a prosecutuable offence for Cheating, Mischief, Misrepresentation, etc....

2.  Many people attempt this fraud by wife's surname, where the Wife is from a beneficiary caste (SC /ST /VJ /OBC), for future govt. benefits /reservations /subsidies /houses, buying land belonging to SC /ST,  etc....  

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
Reply   
 
Scientist/Engineer

I would like to know the law or section which says that only father's surname can be adopted. Many Nayars in Kerala even now have mother's surname.

Giving any name, other than the one usually gives, is prosecutable only if intention to impersonation, cheating or other offence such as  suppressing facts to fraudulently obtain caste reservation is established. Many people give caste names as surname. If the mother belongs to a lower caste the caste of the father may not accept her child in their caste. If he adopts mother's caste but does not proceed to obtain caste certificate for the benefit of reservation suppressing the facts of his parentage, he cannot be prosecuted.

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu