Minor Name Change: Changing a child’s last name in India, can be done by their parents/guardians consent. Do you want to change a last name of your child’s or minor (individuals below the age of 18 years)? This type of situation arises when there is a case of divorce, remarriage, adoption, or simply a preference of different surname.
How to change your child’s last name?
Minor Name Change: The Indian legal system permits name changes including minor which require careful documentation and procedural compliance to ensure legitimacy and avoid misuse. So, let’s understand this article by step-by-step process to change a child’s last name legally in India.
Step 1: Reason for Name Change (Minor Name Change)
Before starting the process, we need to know the valid or genuine reason for requesting the name change. Common reasons include:
- Divorce or Parental separation
- Adoption by a new parent
- Spelling correction or simplification
- Numerology or religious reasons
- Avoidance of social embracement or disgrace
The acceptance of name change is generally considered by authorities if it is not done for any fraudulent, criminal or misleading intent.
Step 2: Minor Name Change Affidavit
The first legal step is to prepare an affidavit.
- With the help of lawyer or the parent or the legal guardian itself draft an affidavit on non-judicial stamp paper (generally Rs.10 or Rs.20).
- It should include the child’s current full name, the new name requested, the reason for the change, the date of birth ,and the names of the parents.
- The affidavit must be duly signed by the deponent (parent or legal guardian) and confirmed by a Notary Public or Executive Magistrate.
Point: This affidavit serves as the main document and proof of intent behind the name change.
Step 3: Minor Name change Newspaper Publication
After notarizing the affidavit, the next step is to publish a notice in 2 newspapers:
- “Firstly in local regional language (In particular community or region) and Secondly in an English daily with dissemination.”
The publication should include:
- “The child’s old name, Proposed new name, Parents or legal guardian’s name, Residential address and A statement that the name change is official.”
Keep some original copies of newspaper ads for future legal needs, like passport applications, identity updates or for school admissions.
Step 4: Minor Name Change Gazette Notification
Publishing the name change in the Official Gazette of India is the most crucial and legally binding step.
For Individuals Residing in Delhi or Under Central Jurisdiction:
Write an application to the Department of Publication, Government of India.
Include the following:
- Duly signed application form
- Original affidavit
- Copy of the newspaper publication
- CD with typed content of the name change (in .doc format)
- 2 Passport-sized photographs
- Identity proof (Aadhaar card, birth certificate) etc.
- Govt Fees (usually Rs.1100-Rs.1500)
Submit the documents by post or in person at the department of publication. Then after approval, name change will be published in weekly Gazette.
For state-level Gazette notification in some states it is handled by state government department of printing and stationery and the documents and fees may differ slightly.
For any help related to Gazette File Making, Talk to our Advocate on this Number by booking Call: 99142-53193 (Whatsapp to Book Call Appointment).
Step 5: Update the child’s Legal documents
Once the Gazette notification is published its mandatory to update the child’s last name on every important documents such as:
- Aadhaar Card by visiting Aadhaar Seva Kendra with supporting ID and Gazette copy.
- Birth Certificate by contacting Registrar of births and deaths or local municipal authority.
- School Records by giving affidavit to school administration and submitting an application with gazette notification.
- Passport by providing all supporting documents for reissue with the new name.
- Bank Account and Other IDs by giving proof of the name change.
Read Also,
Gazette of India name change list: 4 Types of Name
Notarized name change affidavit format : Sample
How to change your child’s last name? Key Points
When consent of both parents is not available means if the child’s parents are divorced or one parent is absent/untraceable(He has been lapping for a long time), and the other parent wants to change the child’s surname:
- So, the other parent whether mother or father or any legal guardian may require court order, especially if the other parent has legal custody or joint guardianship.
- In The Guardians and Wards Act,1890 applying parent must file a petition in District Court for permission to change the child’s surname.
- The court before passing an order will assess if the change serves the child’s best interest or not.
Conclusion
Changing a child’s last name in India is a legal yet manageable process, as long as every step is followed and the documentation is correct. Whether due to personal, emotional, or legal reasons, the name change must always focus on the child’s well-being and identity stability of the child.
The above article explains about how to change your child’s last name (Minor name change) process and gives you appropriate direction to follow the step one by one whether its about affidavit, newspaper publication or gazette notification.
With the proper guidance and approach you can ensure a smooth and successful name change for your child. If complications arise then you can seek the help of a lawyer.
