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Atul Mohan   27 February 2024

How to remove the name of father in childs birth certificate?

Me and my wife are NRI staying in Dubai. We got married last year in December. My wifes child (2 yrs) from a previous relationship without marriage needs a change of father name in the birth certificate. She had written her own father name on the child birth certifcate by mistake and she wants it changed but the BMC has been rejecting it. She approcahed a lot of lawyers but they said that it cant be changed. Someone please help because her child cant get a passport without the birth certificate which will also pause her schooling. We want to get her child to Dubai. 


 8 Replies

T. Kalaiselvan, Advocate (Advocate)     28 February 2024

The name in the birth certificate cannot be changed for any reason other than due to the mistake of the concerned office.

Even if you are changing the child's father name through a court order, how  can you get the birth certificate amended with a new name of the father of the child.

If the father's name is error then the name change process can be followed but the grave mistake done here is that your wife has given her own father's name in the birth cerrtificate, then how can  he change his name and whose name will she be giving it now

anjali tamrkar   29 February 2024

In India, father name correction in birth certificate is a legal process. There are several reasons why a name change is required. If an applicant wants to do father name change in birth certificate, they must first apply in the Central Government Gazette. The application form for name correction can be submitted online or offline.

Arranging the documents is necessary while applying for father name change in birth certificate. The required documents are as follows:

1.A driver’s license, passport, voter ID, Aadhaar Card, Pan Card, or Ration Card all are accepted forms of identity.
2.Proof of Address: Electricity Bill, Aadhaar Card, or Ration Card
3.One Passport-Size Photograph
4.Completed application form, including old and new names, correspondence address, and contact information.

Procedure for correction of birth certificate - 
The following is the procedure for father name correction in Birth Certificate online.

1.Visit the official Birth and Death Registration website.
2.Fill out the signup form with the appropriate details.
3.After logging in, you must edit your father’s name information.
4.Following that, pay the fees. The fee is usually quite low for one and all.
5.A computer-generated unique id is then sent.
6.In addition, the procedure has been completed, and the birth certificate has been updated.

Necessities for correction of father's name in birth certificate

1.Submit an Affidavit for Father’s Name Change:
If you want father name correction in birth certificate, you must first file an affidavit for Name Change with a local Notary. It must include your father’s old name, the new name, and the cause for the name change. Also, include application information such as his father’s name, address, and age proof, among other things.

2.Newspaper Publication
After you have completed the preceding stage of father name correction in birth certificate, the next step is to publish it in a newspaper.

You must place an advertisement in two local newspapers, one in the regional language Hindi and one in English, announcing your father name change. Always perform a cross-check of the advertisement before placing it in the newspaper to ensure that all of the data stated are correct. A minor blunder might ruin your entire process.

3.Publication of Father Name Change in India’s Official Gazette
You must now publish the Father’s Name Change Notification in Gazette of India by writing the Application along with a DD for the fee and the necessary papers.
You must now send the following documents to the Department of Name Change Publication-

(i) Affidavit of Name Change that must be Notarized (Hard Copy)
(ii)If you live in another country, you must submit the deed, which must be attested by the respective Indian Embassy/Indian High Commission.
(iii) Publication of Newspapers (Hard Copy)
(iv) Hard copy of the Name Change Form, which must be completed in accordance with the Format.
(v) Produce a digital CD. “Specimen Soft Copy on CD”
(vi)Government personnel must file the Deed for Name Change in line with Ministry of Home Affairs.
(vii) Demand draft with the amount of Rs. 1100/- (for major) and Rs. 1700/- (for minor), written in favour of the Controller of Publications, Delhi.

Note-Amount mentioned above may vary .

(viii).Two passport-sized self-attested photographs.

Certain Points need to be Noted-
While applying for the procedure of father name correction in Birth Certificate online, you need to keep some points in mind.

1.As the procedure for changing the information on a birth certificate differs slightly by state, pay close attention to the instructions supplied by the state government office.
2.Depending on the state’s rules, it has to pay fees when submitting your application. However, the fee is minimal.
3.Maintain a copy of all papers created, published, and obtained; they may be requested at any time.
4.You can obtain a copy of the newly modified Birth Certificate from the Registrar of Births and Deaths. You must pay a little cost for each copy you wish to obtain.

I hope all the information about father name correction in Birth is clear. But still if you have any query regarding this, you can mention that in the comment box.

Atul Mohan   29 February 2024

She just wants the birth certificate to have only mothers name. Thats it

T. Kalaiselvan, Advocate (Advocate)     01 March 2024

If she had filled up the name of biological father in the application for registration of name in the register for births with the competent authority, then it cannot be changed now.

She cannot break the law suiting to her convenience.

Atul Mohan   02 March 2024

No she didnt put the name of the biologicals fathers name. She put her fathers name thats basically the childs grandfathers name.

T. Kalaiselvan, Advocate (Advocate)     02 March 2024

Whatever she had given in the application for registration of birth and birth certificate shall be final.

It cannot be altered or modified by the authorities for any reason until and unless the court directs the authority to do so.

The court cannot pass any such order on it's own.

You are required to file a suit to declare that the name given in the application for registration of birth is erroneous and it happened by oversight, that the actual name is......., the documentary evidence attached to the case should authenticate your pleadings to establish the facts.

It is a bit lengthy process and there's no guarantee that court will entertain your case based on the details given by you here.

However you can consult a local lawyer and proceed legally if you want to try your luck.

Sudhir Kumar, Advocate (Advocate)     03 March 2024

the escape out of fraud is never so easy.

Her act is not a simple fraud but deep immorality.  she had a child without marriage and on records atributed the child to her own father?

Municipalities are adamant on chance of Father/Mother name in birth certificate. If tey were so leninet that could be floodgate of succession frauds.

She must go and meet Municipal Commissioner.

Kartikey Tiwari   06 March 2024

Look at this

Attached File : 1030918 20240306132658 20240306 134414.jpg downloaded: 3 times

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