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Vipul Rastogi (Director)     29 November 2011

Change of mother's name in birth certificate and school.

Dear Sir(s),

My query is about the procedure to change the name of mother in the child's birth certificate and school records as well.

My divorce took place in Year 2006. It was with a mutual consent and the child stayed with me as she left. We both got re-married in year 2008 with different partners.

The child (boy) was born in year 2005 and all his records has her name as his mother, which i want to change with my present wife's name.

Please guide me about the procedure. I contacted the school authorities also but they also didn't come up with any kind of solution.

This is important for me as the boy and my present wife are emotionally attached to each other and i don't know what will happen once he will know the truth if the correction is not made in the records.

Sincere Regards,

Vipul.



Learning

 9 Replies

Account Deleted (None)     29 November 2011

Vipul, no way you can change the name of your child's mother.  

Dharmesh Manjeshwar (Advocate/Lawyer)     29 November 2011

yes .... it cannot be done ............

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 November 2011

Agreed, the name of the mother in the birth certificate can not be changed.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

V. VASUDEVAN (LEGAL COUNSEL)     29 November 2011

Dear Mr. Rastogi, 

I full emphatize with your predicaments. Love and affection is not conditional but natural! The child could understand  your new wife's natural affection and love  and a birth certificate is a mere physical record. 

My sincere advice would be let the record be a record. 

vasudevan

Bhavna (EA)     01 December 2011

Sir, 

Me and my husband have filed for a mutual divorce and he has agreed not to clai to be liable in any way for the child an has given away his rights of natural guardian ship. I would like to re marry and and would wnat to know is the father's nme can be changed in the birth certificate by MCD?

 

pls help

Tajobsindia (Senior Partner )     01 December 2011

@ Authors (Vipul / Bhawana)

 

 

Your respective question (1) of change of name (father and or mother) may be viewed from two angles; The first is that there may be some clerical error in writing the name in the register.  For example, 'Chandra' might have been written by oversight as 'Chandu' or the word `Rashmi' might have been written as `Roshni'.  The correction of the name under such circumstances may be covered under S. 15 of Registration of Births & Deaths Act, 1969 (in short the Act, 1969).  Similarly, the name might have been fraudulently or improperly entered in the register.  This would also fall under S. 15.  The second aspect would cover such cases where a person (child qua your question to be more specific here) changes his name and thereafter makes a request for the change of the name in the register also.  Such a contingency is obviously not covered under S. 15 of the Act.

 

 

Que.2: Whether the changes made in the name of father/mother through Gazette notification or otherwise subsequent to the date of registration of birth of the child, could be incorporated in the birth register?

 

 

The name is one of the various entries prescribed in the register. So the change of name would be in fact, a correction of the entry relating to the name.  Every case in regard to the request for changes of name should, therefore, be considered in the light of the aforesaid observations.

 

 

Que 3: How name of the child can be added in the birth certificate?

 

Name of the child can be entered in the Birth Record free of cost within one year occurrence of births either orally or in writing.  After one year, but within a period of 15 years (w.e.f. 1.1.2000 as per provisions of various States Rules colly. observed by me), name can be got entered on payment of Rs.5/- (average fee) as late fee.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

The new husband can legally adopt the child Bhavna.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Bhavna (EA)     17 April 2012

Sonee Sir...thanks for the reply...I need your guidance and insight on few aspects as i am nearing my completion of divorce decree in month;s time so this will indeed a great help:

mutual divorce done, decree received  no maintenance and no custody issues of my daughter from my husband's end - all clear- this is the status , now:

1. when and how the adoption deed needs to be done? is is mandatory to legally adopt or the step father becomes the legal guardin anyways , if he does, does he find his name in the entry of birth certificate/passport etc.

2. in case not , then , when shall i get the adoption deed done - as it needs to be registered and has to be tripartite, i understand one needs to have it done before the mutual consent decree is passed- my date is 30th may

3. I want to change the father;s name in the birth certificate /passport - does this adoption deed help or will not ..

4. Also when shall i initiate the process of my name change and my child's - staright after divorce or after remarriage

MY MAIN IDEA TO GIVE SANCTITY TO MY DAUGHTER;'S FURTURE AND MY WOULD BE HUSBAND...MAKE LIFE EASIER SO ONE NEVER HAS TO APPROACH THE EX HUSBAND...

 

pls reply sir and if possible, it would be great if you could drop in a reply at :bmago2007@gmail.com.....regards Bhavna

Tejaswi (student)     11 September 2012

In my bith certificate which is given in 1992 by municipal corporation through hospital,in that  my mother name was wrong,i have to change my mother name in birthcertificate.How can i change mother name?,i had applied for  passport so i need it urgently...Ceritificate is issued under section 12 of registration of birth and death Act.1969. in Ward no.1 B&D circle no.3 M.C.H hyd................Where i can change this please give me the solution   for this


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