Surname change

@Querist,

Presuming you are a Hindu and your marriage happend as per Hindu marriage Act,following should be noted-

1.In your case,practically speaking,there is no legal hastle in changing title since your child has not attained the age of majority and hasn't get any certificate/document issued by the government.

2.you cannot get, the father name of the child, changed though you can name your current husband as his guardian.

3.Unless there is valid adoption,your current husband cannot count him in his official family.

4.For Valid adpotion,get your previous husband's consent.It's pre-requisite in your case.

5.Take care of the child rights if such adoption takes place to avoid property division hastle later on.

Note-This reply should be taken as per the declartion given in my profile page.

Thanks,

Regards,

Allow me to value add;

1. Laws says if mother has been awarded custody and there is no as such condition got allowed by natural father then child's last name change is her decision.

2. In reference to context if natural father is said to be not providing any child support r/w has no meaningful interaction with minor then he is not in a position to object to child's last name change. Putting what I just said to test in reference to emerging situation (question) all the lady is suggested to do is to approach District Judge Court in ordinary child jurisdiction along with 'foster father" i.e. her second legal married husband and file papers for 'legal adoption of the child'. The District Court after “conducting enquiry” will wave off the pre-condition of "seeking consent" of child's natural father. This 'enquiry' is nothing but reading down True Certified Copy in original annexed with adoption petition which is lady's divorce judgment mentioning who has the physical custody of the child and any hint on alimony / maintenance / visitation rights / any pre-condition of no surname change till child attains majority etc. etc.

3. I differ to opinion of Mr. Sumitra (para 2) Guardian is appointed by Court and it is settled Law that neither a divorced mother nor a divorced father having custody allotted respectively can appoint a guardian on h/er own.

4. Birth Certificate containing biological father's name will remain the same and it can not be changed / modified. For all future purposes including ration card name inclusion, property share, investments, nominations, instruments deposits/ withdrawal, passport, driving license, PAN Card, Adhar Card, State Tel. connection, Domestic Gas connection, election card, Xth. Class Certificate and College degrees etc. valid adoption deed / decree is way ahead if foster father's surname is to be given to child.  

@The Senior,

Subject-Removal of confusion

In reference to the context,'Guardian' used for general purposes(in this case school) and not in context of legal custodian of the child.

My raised concern(Below)

Secondly,I raise a doubt over para 2 in your post.

Shall I have the provision which you applied here in para 2 of your post,as per HAMA???

Notwithstanding anything contained above, thank you for your value addition.

Thanks,

Regards,