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Pinky   27 June 2017

Surname change of child from previous marriage

Hi, I want to know how to change my son's surname, I am married again and I want to change my son's surname so that he can avail the benefit.

Please guide.



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 2 Replies

Raveena Kataria (Advocate )     27 June 2017

Hi, firstly, you'll have to seek the consent of the child's biological mother/father for the name change, for if you don't, she or he may file a civil suit against you (even if you have been awarded with sole custody of the child.)

Or in order to name your child after the person to whom you remarried, the person may have to enter into an adoption deed (for which, again he/she would require the natural mother/father's consent), that's to say the child has to be legally adopted by the step mother or father for such name change.

You can then file a petition in the court, or draft a name-change affidavit for the minor, in which you'll have to provide the following details:

  • Your name, age, and address
  • Spouse’s name
  • Name, date of birth, and place of birth of the minor
  • Old name and new name of the minor
  • Reason for name change (divorce in your case)
  • Your signature
  • Date of making the affidavit

Have the affidavit attested by a judicial magistrate, oath commissioner, or notary, and then place a name-change advertisement in any of the reknowned local daily newspapers. Here's a newspaper ad sample (retrieved from google.)

                                             

Hope this helps!

Kumar Doab (FIN)     27 June 2017

Originally posted by : Pinky
Hi, I want to know how to change my son's surname, I am married again and I want to change my son's surname so that he can avail the benefit.

Please guide.

Which benefits you are contemplating?


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