Can Mother change the name of Child

Name of the child can be changed on the birth certificate. However, if the parents are unmarried but the father’s details were added to the birth certificate, the certificate cannot be changed. 

What is the name change?

Anyone can think of changing names due to various social, religious and cultural reasons. Process of changing names is lenient in common law jurisdictions and stringent in civil law jurisdictions.

Procedure of name change in minors is almost the same as that of name change in adults. It can be done by one parent without the consent of the other parent under certain unusual circumstances.

Without Father’s Consent:

Generally, name change requires consent of both Parties but it can be with the consent of 1 parent in special circumstances:

1. If Parents are legally separated and one of the parent’s rights is terminated from the child, another Parent who has the sole right over the child can change the surname of the child without permission of the estranged parent. 
2. Where mother has sole custody of child and father’s right remains unclaimed then the mother is entitled with the rights to change the last name of the child without the approval from the separated spouse. 
3. If in case the mother is unable to find the father or location of the spouse, the mother can change the child’s name without the consent of the father.

Judgement:

The Supreme Court in a landmark case held, “mother being the sole natural guardian after the demise of her husband is entitled to change the surname of her child and can give him the surname of her second husband if she marries again.”

Justices Dinesh Maheshwari & Krishna Murari observed that women can give the child the surname of her second husband whom she has married post death of her husband and may also give her child for adoption. The court said, “mentioning her second husband as stepfather in documents of child is almost cruel & mindless.”

Legal Process:

It involves the series of court procedures:

1. Filing Petition in the court:

Petition can be filed in the court of law with all the required details & additional documents for change of name.

2. Notification to other parents:

The other parent has to be notified regarding change of names by providing a newspaper

3. Court Hearings:

All hearings have to be attended without fail and if any questions are asked by the judge the same shall be answered appropriately. Objection can be raised by a judge or other parent and the same will be decided on the basis of merits.

Lead India helps you understand the situations in which name can be changed and under what scenarios name can be changed without consent of father. Our experts are well versed in such services and process this smoothly.