Want to ask about second marriage

552 votes

You can change the surname of the child after second marriage also. However, name change is not mandatory after second marriage. Feel free to contact me for seeking any legal advice as regards the same.

Advocate Prerna Shukla LawRato

627 votes

In India, there is no strict law that mandates changing a child's surname after a parent's second marriage. However, the decision to change or retain the child's surname depends on various factors, including: 1. *Personal preference*: The parent and their new spouse may choose to change the child's surname for personal or social reasons. 2. *Religious or cultural practices*: Some communities or religions may have specific customs or traditions regarding surname changes after remarriage. 3. *Legal considerations*: If the parent's second marriage is registered, they may need to update the child's surname in official documents, such as the birth certificate, school records, or passport. According to the Indian law, a child's surname can be changed through a formal process, which involves: 1. Affidavit*: The parent needs to submit an affidavit stating the reason for the surname change. 2. Gazette notification*: The surname change needs to be published in the official gazette. 3. Update in official documents*: The parent needs to update the child's surname in all relevant official documents. It's essential to note that changing a child's surname without their consent, if they are above a certain age (usually 18), may require their explicit consent. To summarize, while there is no mandatory requirement to change a child's surname after a parent's second marriage in India, the decision to do so depends on various factors, and a formal process needs to be followed to effect the change. Would you like to know more about the specific laws or procedures involved in changing a child's surname in India? Then, contact me.

Advocate Pankaj Bajaj LawRato