IN Kalakar 26 October 2020

Step father name in passport/aadhar card of child

Hi everyone,

My wife has child from first marriage still minor age 10. Her ex husband is not know where he is. I had filled for legal guardianship of child in court and have been granted legal guardianship. When my wife's child had issued a passport she was married to ex husband so child has it's biological father name. All her document like Aadhar card is in her biological father name.

Now that I have legal guardianship will it be possible for me to change her name Say from "Roshni Nirav Modi" to "Roshni Suresh Patel". Say Suresh patel is me in this case. Also if possible would I need to change it in Aadhar card first before changing in passport. Thank you.

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5 Replies

tanesh vaishnav 26 October 2020

The name of the biological father can be changed in birth certificates by filing an application for adoption in appropriate court but you require an NOC from the biological father.

NOC is required even if the mother has full custody over the child.

P. Venu (Advocate) 26 October 2020

You have already been appointed the legal guardian. However, it is not a legal requirement that the child's name should incorporate the second and /or the surname of even the biological father.

IN Kalakar 29 October 2020

Originally posted by : P. Venu
	You have already been appointed the legal guardian. However, it is not a legal requirement that the child's name should incorporate the second and /or the surname of even the biological father.

So do you mean I can change her name from Roshni Nirav Modi to Roshni Suresh patel... would I need to make name change gazette?

P. Venu (Advocate) 29 October 2020

It is not at all a (legal ) requirement that such a change be effected.

IN Kalakar 29 October 2020

Sorry I am not able to understand you Sir.. do you mean I don't need gazette or do you mean it's not mandatory to change name. I would like to change her name for ourself. Would law allow us to change her name with Legal guardianship order.