cpc

change of father's name

Network Engineer

Hi Team,

I hail from New Delhi. My wife is a divorcee and has 2 children from her first marriage. The birth certificates of both children bear her first husband's name. I have 2 queries:

1: Could the birth certificates be re-furnished/ammended with MY name as father's name? If yes, then please provide the detailed procedure.

2: I've heard that there's another procedure of changing the father's name in school records. By preparing an appropriate affidavit and publishing the details in 2 local newspapers. Could you please provide details of this too?

Best Regards,

Vibhu

 
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Senior Partner

1.  Only legal remedy is via legal adoption and that also before child attains ‘age’ of h/er majority as per prevailing law. It is simple procedure in District Court of child's ordinary residence and for the same hire any Junior level Advocate found via reference and provide to him legal marriage certificates of the lady with you and for rest the hired Advocate will assist. 

2.  The new couple (biological mother and foster father) has to seek consent of the biological father. if the biological father is providing alimony (child support, he may have a say. On moral grounds, he cannot object to the change is also one view.

3.  However, once the mother has custody, the kids' last name is her decision. The law is not very strict about it.
Explanation:
There is no codified law, irrespective of the status of the marriage the children take on the father's second name. The biological father has the right to obtain a stay order if their second name is being changed.

On your 1 – Birth certificate mentioned biological father’s name cannot be changed in reference to query.

On your 2 – The advice which you already sought and placed here for verification is based on short sight and may lead to other Public Document issues if suppose child continuously not studying in future till Xth. class in same school where such advices made documents submitted hence previous Para 1 opinion is long term advice for all Public Documents purposes in future till child attains age of majority as per Law.

 
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Hello All,

Mine is a similar case to the above as replied by you. My now legal wife remarried me and I as her husband have adopted her daughter out of previous wedlock. Only difference here is, my wife lost her husband in an accident.

Now, as the child bears the biological father's name on her birth certificate, we have registered an adoption Deed where my wife , the biological mother of the child has given in adoption and the second part that is me and her together have taken in adoption the said child. My question to you is, can this registered adoption deed suffice enough to change her Biological father's name to my name in the Birth certificate? Also based on this adoption deed we have applied for her passport at the RPO Mumbai. 

My questions:

1. Can the name of  Biological father be changed in the Birth Certificate based on the Registerd Adoption Deed?

2. Would the passport bear my name in the Father's Name column or would it feature her Biological Father's name?

 
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Freedom

As long as the biological father is alive and child support is being provided by him without his consent i dont think so it can be changed . 

 
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Senior Partner

@ Subsequent Author of post.

On your 1
– In Birth Certificate biological father name will not change.

On your 2 – Child Passport will have your name under father's name provided h/er Original Birth Certificate and Registered Adoption Deed (if approved by RPO authorities) are annexed with joint Affidavit of biological mother and foster father.

 
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Hi Tajobsindia,

Thanks for dwelling on my querry so promptly. Appreciate your prompt help.

Yes, I have already annexed the BC of my child alongwith the registered adoption Deed. I also have changed her name in the official gazzette and given adverts in two leading dailies and have annexed that too along with her application for passport. Also, I have submitted Annexure H and Annexure E alongwith the application as highlighted by you.

The PSK accepted the application and I was told to wait about one month and then If there was no communication from the passport to proceed to Worli RPO for enqiries and resubmission of Documents. Just about a week back I received a call from my Local police station for Police verification of her documents.

1.Does that imply that the RPO have approved the passport application and re-submission of documents are not required?

 

P.N : I have gone through number of junior level Lawyers but nobody has given me a confirmed reply on what is required to be done for Change in name? I hope this forum helps me? Thanking you in advance.Cheers!!!!

HAIL INDIA !!!!!!

 
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Network Engineer

Hi Sir,

In my case, the biological father has agreed to pay for both the children's education till a certain age. Is that the case why descretion of the biological father is required? What if I do not wish to receive that amount? Still his consent is required?

Best Regards,

Vibhu

 
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Senior Partner

@ Subsequent Author of the post,

Police enquiry is procedure forward of RPO of documents and based on finding truthfulness of the documents as per forwarded report of beat Constable the RPO may issue the Passport in accordance with special Law.

For the same you have to cooperate in enquiry process and no imputation comes out of it at this early stage.


[Last reply]

 

 
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Senior Partner

@ Original Author of the post,

Your brief is distinguishing brief. Law has no clear answer to it and so far cases come to our scrutiny are fact to fact based as Law is for society and Society is not for law!. Now let us see your brief in following angle;

1.    Recently Maharashtra State enacted State Amendments by way of Notification in more or less similar brief facts and allowed biological mother to have name of second husband while School admission of child. It was a great effort of lobbying. If one State has done it we feel other State’s may also follow.

2.    If biological father is meeting child support which you also disclosed then social paradigm says he has still rights on decisions of child surname change. But to me this argument can always be put for challenge based on divorce or MCD ‘decree wordings’ that biological father and original biological mother have in hand. In your brief it is not clear on exact wordings of their divorce so I am short of placing further views on specific evolving query other than what we advised in first instance.

3.    However above read may summary look scary read hence no harm atleast trying to first opting for Adoption Deed and let objection come forward (if any) and if no objections then what is your question before us after all!

 

To your addendum question on what if I donot wish him to pay for child support; since you were not party to their deal (divorce or MCD) you cannot raise or refuse such child support. it is for your wife (his ex wife) to refuse via approaching Court hence your say is immaterial in reference to your this question is my opinion. 

 

 
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Network Engineer

Appreciate your prompt response.

Would there be any hearing in front of the Hon'ble judge? How would the consent of the biological father be taken?

Could you shed some light on this?

Best Regards,

Vibhu

 
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