Troubled Family (SDA) 12 March 2010

URGENT!! Name change

Good Morning,

This is Samantha Fernandez. I'd like to discuss about and get some advice on a rather ridiculous situation that I am facing. To begin with, I got pregnant before marriage at the age of 18 years. Since both our families knew that we were in love they did not mind me keeping the baby (also, abortion being a mortal sin in Christianity). We had decided to get married in court but unfortunately my fiancé (Lionel, 19 years) was not of legal age.

I gave birth the next year to a beautiful and healthy baby boy. My problem starts when we got the birth certificate from Maha-Nagar Pallika it stated that we are the parents of the new born. My mother under the impression that we were very young, unmarried and will not be able to take care of the child, made another certificate from the same Maha- Nagar Pallika with their names as the parents (Grace and Joe Dsouza). I allowed this to happen; therefore we now have 2 birth certificates:

1. Jude Fernandez s/o Lionel and Samantha Fernandez;

and the other one is

2. Jude D’Souza s/o Joe and Grace D’Souza

What makes matter worse is that my parents have been in Kuwait for quite some time. Both of them have been working there. So they decided to take us along with them. Since I and Lionel are still not legally married, my father was the only stable head in the family who could support my son. They had to use the 2nd birth certificate to make his passport.

Now that a couple of years have gone by, Jude is 2 years old and I am 21 years and Lionel being a year older than I am; we are of legal age and decided to get court/ civil married. We are capable enough to support our son and get our family back on track. Moreover we are planning to migrate to the U.S. and want to take Jude along with us.

We want to change the parents name and surname on his passport. Is it possible to get this done? Another thing is that Jude's passport was made in Goa. Can I go ahead and make a new passport with the original birth certificate in Mumbai?

I'd like to know what the chances are. If it can be done, how would I go about the procedure? What do I need to do? Please advice.

I have spoken to many people regarding this issue but did not get a definite answer/solution. All that people tell me is that it is a tricky situation. But that does not help me.

Hope that I get a positive solution from the people who read this. Awaiting your response.

Thanks and regards,

Samantha Fernandez

Reply Follow

35 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 13 March 2010

now it is very critical. actually your parents did a criminal offence. therefore to rectify it is much more difficult..

a person can not have two birth certificates and two passports.

"Can I go ahead and make a new passport with the original birth certificate in Mumbai?" - yes try. but if jude already out of india, first bring him at india, then proceed for a new passport. otherwise it will create another problem.

(Guest)

can it be posible to adopt that boy, by his perent legaly , and then try for pasport wil it correct?

Gundlapallis (Advocate) 14 March 2010

No. The boy cannot be adopted.

This chaos is result of half knowledge and over smartness. There is no legal solution for these blunders. But for the sake of the future welfare of the children better take this issue to the mercy of President of India ( you can forward through the Governer of your State) to obtain directions from her office to concerned departments to disentangle all the blunders your family did out of ignorance. Pray mercy for the future social welfare of the children.

Plz await to see what my senior ld., friends also might suggest. I will also recommend this thread for all LCI members to see and suggest.

K.C.Suresh (Advocate) 14 March 2010

Dear troubled fmly, Your request for any rectification is rejected. Because that will lead to criminal prosecution. The only way npw possible is to adopt the boy legally with your parents consent. Sin is sin always. Try to get rid from sins at the eraliest. Don't tell any body about the 2nd orginal BC.

mahendrakumar (marketing) 14 March 2010

dear samantha,

try to make a new passport with the original birth certificate as suggested by Arup. For that you need to come to india.

since the applicant is a minor,i donot think there would be big problem. along with the new passport application,you need to mention the original passport details ans request for surrender the same.

there would be certain penalties. hower,since you are trying to do it voluntarily,the penalties wont much.
i came across many incidents of people holding more than one passport under various names and address for getting jobs in gulf countries and later on surrendering the illegal one after paying required fines etc.

eventhough,you have committed an offence,i donot think is unpardonable.

take few days leave and come to india and meet the passport officer of your locality personally .

disclaimer: I am not an expert on this. However,i have seen some cases where passports taken illegally due to various compulsions(Not of criminal nature) and later on obtaining genuine passports.please make sure you follow a legal and genuine route this time and dont get in to the trap of illegal groups.

adv.d.s.jodhi (lawyer) 14 March 2010

now u first have to legallies ur marriage by registering the same the u can adopt ur child then u can apply for changin his name in govt gazet by folowing dorm procedure

Isaac Gabriel (Advocate) 14 March 2010

Being christian couple, contact the church where you can solve all the pronblem ie. marriage, parental question and turning a new life for the child.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 14 March 2010

I cocur with the opinion of Mhener Kumar

Troubled Family (SDA) 15 March 2010

Dear Issac

I would not got go to the church for any of my problems except my funeral. Not that I have not tried. I went to the church and humbly requested the priest to get us married so that I could give my son his father's name.

THE CHURCH REFUSED.

I then went to atleast get my son baptised as a Roman Catholic.

THEY REFUSED AGAIN. They wanted the parents to be married.

If your asking me to go to the church for help again I think I already know what the answer would be.

Nevertheless, I honestly and whole-heartedly appreciate your help.

Thanks and regards,

Samantha

Troubled Family (SDA) 15 March 2010

Dear Mr. Gupta

I do realise that my parents have commited a serious offence. As a matter of fact, they are willing to give up or rather, permanently destroy the duplicate certificate that they have made without any body's knowledge.

They have agreed to making a new passport with the original certificate.

Thank you for your help.

Regards,

Samantha

Troubled Family (SDA) 15 March 2010

Dear Mr. Mathur

I'm a litle confused as to why would I want to adopt the boy when he is legally my son.

Thank you so much for your help.

Regards,

Samantha

Troubled Family (SDA) 15 March 2010

Dear Mr. Suresh

Again as I have said to Mr. Mathur, I am a little confused as to why do I have to adopt my own son.

Thanks and regards,

Samantha

Troubled Family (SDA) 15 March 2010

Dear Mr. Kumar

I totally agree on this point. Infact, I was planning to come to India by the end of this year to get married in court. Is it possible to get both these jobs done at the same time? I know I'm trying to push my luck here but where my job is concerned I may not be able to make another trip to Mumbai, the same year.

Appreciate your help though.

Thanks and regards,

Samantha

Troubled Family (SDA) 15 March 2010

Dear Mr. Jodhi

As I mentioned earlier, still want to know why would I want to to adopt my own son? I'd rather get rid of the 2nd certificate, surrender his old passport and make a new one. What do you think?

Thanks and regards,

Samantha