A name change in India may appear to be a time-consuming process because most of your official documents may have already been issued. However, it is worthwhile at some point in time when you feel the need to change your name or the names of your children. This is because your sense of identity should outweigh the hassle of the process.
Of all the certificates, the Birth Certificate holds significant importance. It has to be mandatorily produced during national level examinations, medical check-ups, school and job transfers and the list may go on as new rules and amendments keep coming in.
Essentially, a Birth Certificate contains the following details:
- Name of the person
- Mother’s name
- Father’s name
- Date of birth
- Time of birth
A legally valid birth certificate is one that is issued by the Registrar of Births and Deaths, who is a state-level authority. Anybody in India, above the age of 18 has the right to change their name by following the right legal procedure.
The Procedure for Changing the Name on a Birth Certificate
Step 1- Send in an application to the Issuing Authority:
Firstly, write an application to the Registrar of Births and Deaths under your Municipal Corporation. The Registrar is generally the issuing authority for all states. The letter should contain your old name’s details, your new name’s details and a brief statement of the reasons for seeking a name change.
Step 2- Produce documents supporting the change sought:
Along with the application, you need to attach some supporting documents. This will include an appropriately notarized affidavit, in case of a name change. However, if you are looking to change your last name or date of birth, the supporting documents will vary from state to state. For instance, in the city of Bangalore, you will need to fill the Deed Changing Surname form. In some cases, you might even be required to produce the hospital discharge certificates, when asking for a change in date of birth.
Step 3: Undergo the verification stage
After you have submitted all the documents and applications, the Registrar will either accept it or reject it. Generally, if all the documents are correct, the chances of rejection are bleak. However, in case the authority rejects your application for a name change, then you can file a writ of mandamus in the respective High Court, requiring the Registrar or other issuing authority, to state reasons for the same.
Step 4: Publish name change in a local newspaper
After the issuing authority approves your application, you should publish a small advertisement in the local newspaper, as a public declaration. The format for the advertisement follows below:
I, XYZ, residing at, have changed my name to ABC and will be known as ABC from here on in. I have submitted an affidavit to this effect, which was signed by on.
GET LEGAL ASSISTANCE FOR NAME CHANGE
Step 5: Publication in the official gazette
This is the final step in the name-change process. In order to have your name recognized legally, you need to publish it in the State Gazette ( like ‘The Delhi Gazette’). A Gazette is a Government publication and in many instances, name change published in the Gazette is insisted on.
For this purpose, you need to write an application to either the State Gazette Office or State Gazette Office. Generally, the application should consist of the following documents:
- Three copies of individually drafted applications with relevant documents.
- Copy of affidavit
- Copy of newspaper advertisement
- Demand draft of the requisite deed.
- Attested passport size photos.
- The matter of the notification that is to be published.
All these documents have to be self-attested by the applicant and one witness. It takes approximately two months from the date of your application for the gazette publication to occur, however, it might even take longer. Once published, obtain copies of the gazette publication where your advertisement appears for all future purposes.
Change of Father/Mother Name in the Birth Certificate:
Let us take an example: You are married to a divorcee and your spouse (wife) already has a child. Further, you are now the child’s stepfather rather than the biological father. You want to change the father’s name on the child’s birth certificate. You can now request that the father’s name be changed on the child’s birth certificate.
However, if you want to change the father’s name on the birth certificate, you may have to adopt the child and have the adoption registered and declared by a court order before you can apply to change the father’s name on the birth certificate. Before you do anything else, make sure to check the adoption eligibility requirements. The same procedure may be required to be followed for changing the mother’s name on a birth certificate.
Important Points to Remember for Change of Name in Birth Certificate
- Every State differs slightly with respect to the procedure of changing the information on a birth certificate, so pay close attention to the guidelines provided by the state government office.
- There is a mandatory fee that you should pay at the time of submitting the application, depending on the state rules. However, the fee is nominal.
- Keep a copy of all documents produced, published, and obtained; it may be requested at any time.
- Obtain a copy of the newly modified Birth Certificate from the Registrar of Births and Deaths. There is a nominal pay which you should pay for every copy you wish to obtain.
The Takeaway
Furthermore, you can only change the information on your birth certificate once in your lifetime. Be extremely cautious, as whatever is included in the new certificate will follow you for the rest of your life. As a result, it is always advisable to seek the assistance of a professional service provider who can guide you through the entire process, including follow-up with government officials. Get in touch with Vakilsearch experts today!
