Birth registration certificate
Soma
(Querist) 17 October 2011
This query is : Resolved
A married woman lives separately from her husband since last seven months with her minor son (1 yr). Seven months ago the husband deserted both the mother and children and thereafter never contacted with them. Neither party approached to court for divorced or custody related issues. No litigation is pending between them. The mother is self sufficient (Govt Employee) and herself taking care of the son.
Now the mother approached to the concerned department(Kolkata Municipal Corporation) for getting the birth registration certificate. The mother submitted all the documents required. In the form the mother filled up her surname as the son’s surname instead of the father’s surname. The registrar of birth refused to issue Birth registration certificate in favour of the son with mother’s surname. But the ROB failed to refer to any particular provision of law in this regard. He asked the mother to submit 1. an order from court and also 2. NOC from the father
Now my question is
1. Whether it is mandatory for the children to use father’s surname in Birth Registration Certificate?
2. What is the legal provision in this regard?
3. What remedy is available to the mother?
Seniors Please advice…
Bhumik Dave
(Expert) 17 October 2011
As their is no legally separation between both in other words there is no dissolution of marriage, therefore father and mother has equal rights on their children.
And for the legal provision a Judicial Magistrate of First class has empower for registration as per section 13 of the Birth and Death registration act.
my advice is that, to please take service of local advocate.
Soma
(Querist) 17 October 2011
The issue is not right of both the parents... rather the authority of Registrar of Birth to refuse and to ask for NOC of father. Whether the Birth and Death registration Act permits him to do so?
Whether the Act or rules made thereunder provides for any provision for Surname?
The issue is legality of act of the Registrar.
Here I being a junior Advocate want seniors advice...
ajay sethi
(Expert) 17 October 2011
To apply for a Birth Certificate, you must first register the birth. The birth has to be registered with the concerned local authorities within 21 days of its occurrence, by filling up the form prescribed by the Registrar. Birth Certificate is then issued after verification with the actual records of the concerned hospital.
if the form requires you to give the father deatils then it is advisable to do so
ajay sethi
(Expert) 17 October 2011
MAINTENANCE OF RECORDS AND STATISTICS
Registrars to keep registers in the prescribed form.
16. 16. (1) Every registrar shall keep in the prescribed form a register of births and deaths for the registration area or any part thereof in relation to which he exercise jurisdiction.
(2) The Chief Registrar shall cause to be printed and supplied a sufficient number of register books for making entries of births and deaths according to such forms and instructions as may, from time to time, be prescribed; and a copy of such forms in the local language shall be posted in some conspicuous place on or near the outer door of the office of every Registrar.
ajay sethi
(Expert) 17 October 2011
14. Where the birth of any child has been registered without a name, the parent or guardian of such child shall within the prescribed period give information regarding the name of the child to the registrar either orally or in writing and thereupon the Registrar shall enter such a name in the register and initial and date the entry.
Correction or cancellation of entry in the register of
15. If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subjectsuch rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.
n.k.sarin
(Expert) 17 October 2011
Madam Soma, the registrar has no right to ask surname. There is no need of any NOC from the father of child.Mother can apply for the birth certificate. you must ask under the RTI ACT. I think the said registrar ilegally harassing you.
