How To Change Your Name In The Birth Certificate

Your name holds deep significance, encompassing your identity and how the world sees you. But what if your given name no longer reflects who you are? This article simplifies changing your birth certificate name in India. Whether you are newly married, embracing a family name, or aligning with your heritage, this article offers a clear path through legal steps. Let us explore the reasons, processes, and impacts of changing your name on your birth certificate.

Reasons for Name Changes

1. Marriage: Many change names due to marriage, adopting a spouse's name or hyphenating to symbolize their union.

2. Cultural/Ethnic Ties: Embracing a cultural name celebrates heritage and strengthens ethnic connections.

3. Simplification: Avoid administrative issues, mistaken identity, and pronunciation difficulties.

4. Sophistication: Some choose a new name for a refined image, aligning with personal/professional goals.

5. Self-Image: Disliking a name drives the selection of one that resonates better with personality.

6. Changing Surname: Shift last names to distance from family, honour partner, or meet cultural preferences.

7. Astrological/Numerological: Aligning names with cosmic energies or numerology.

8. Political Expression: Reflect political affiliations, historical events, or cause support.

9. Gender Transition: Vital in affirming identity during gender transition.

10. Religious Honor: Change to reflect religious beliefs, practices, or revered figures.

11. Post-Divorce: Revert to the previous name or choose a new one after the divorce.

12. Identity Renewal: Reflect a fresh start, personal growth, and transformed identity.

Importance of Birth Certificate

Among all certificates, the Birth Certificate holds immense importance. It's essential for national exams, medical check-ups, school and job transfers, and more, as new rules arise.

A Birth Certificate includes:

• Person's name

• Mother's name

• Father's name

• Date of birth

• Time of birth

A valid birth certificate is issued by the state-level Registrar of Births and Deaths. In India, those above 18 can legally change their name through proper procedures.

The Procedure for Changing the Name on a Birth Certificate

Consult: Top Civil Lawyers in India

Step 1: Submit Application to Issuing Authority

Begin by composing a formal letter addressed to the Registrar of Births and Deaths within your Municipal Corporation. The Registrar typically handles name change requests for all states. Your letter should include the following details:

• Your old name's particulars

• Your new name's particulars

• A concise explanation for desiring the name change.

Step 2: Provide Supporting Documents

Alongside your application, you must attach relevant supporting documents. The specific documents required can vary based on the change you're seeking and your state. Notarized affidavits are generally necessary for name changes. However, if you're altering your last name or birth date, the documents might differ. For example, in Bangalore, you'll need to complete the Deed Changing Surname form. In certain instances, you might also need to present hospital discharge certificates when modifying your birth date.

Step 3: Undergo Verification Process

Once you've submitted all documents and applications, the Registrar will review and either approve or reject your request. Usually, correct documentation results in approval. However, if your name change application is denied, you have the option to file a writ of mandamus in the relevant High Court. This writ compels the Registrar or issuing authority to explain the reasons for the denial.

Step 4: Publish Name Change in Local Newspaper

Upon receiving approval from the issuing authority, you're required to publish a brief announcement in a local newspaper as a public declaration.

The format for the advertisement follows below:

FORMAT OF AFFIDAVIT/ DECLARATION FOR CHANGE OF NAME

(Please type this Affidavit after carefully reading the notes mentioned below the format)

AFFIDAVIT

I,____________ son/daughter/spouse of ___________________ aged __, residing at ___________________________________________, do hereby solemnly affirm and declare as under:

1. That my name earlier was _________________________________.

2. That 1 have changed my name as ___________________ on/from (date of change of name).

3. At present all the records have my new name___________________.

4. I have not published in the Gazette for change of name.

5. I state that (earlier name) and the (present name) is the name of one and the same person and that is myself.

I am executing this declaration to be submitted to the concerned authorities for the change of name.

I hereby state that whatever is stated herein above are true to the best of my knowledge.

Solemnly affirmed at______________ )

On this ___ day of____ 20 ) (Signa of the Applicant)

Deponent

Identified by me Before Me

Advocate Notary Public

Consult: Top Civil Lawyers in India

Step 5: Publishing in the Official Gazette

This is the final phase of the name-change procedure. To make your new name legally valid, you must have it published in a government publication known as the State Gazette (such as 'The Delhi Gazette'). Often, legal recognition of a name change requires its publication in the Gazette.

To achieve this, you need to write an application to the State Gazette Office or the State Gazette Department. Your application should include the following items:

1. Three individually crafted applications with attached relevant documents.

2. Affidavit copy.

3. Newspaper advertisement copy.

4. Demand draft for the required fee.

5. Attested passport-sized photographs.

6. The exact content of the notification you want to publish.

All these documents must be self-attested by you and one witness. The process usually takes about two months from the application date for the Gazette publication to occur, although it could take longer. Once it's published, obtain copies of the Gazette where your advertisement appears for any future needs.

Publication Fee in the Official Gazette: Getting your notification published in the official gazette requires a payment of either Rs. 700 or Rs. 900, which can be made via a demand draft payable to the Controller of the Publications Office.

Fees associated with name change in India

Changing your name online in India involves several fees. The affidavit requires a non-judicial stamp paper, typically costing between Rs. 20 - 100. Name change fees on birth certificates differ across states, with details available on state government or municipal websites. Gazette publication expenses are approximately Rs. 700 - 900.

Change of Father/Mother Name in the Birth Certificate:

Should you discover yourself in the position of a stepfather to your spouse's child from a previous relationship and you hold the intention to instigate an alteration to the child's birth certificate, aiming to duly acknowledge you as the father, kindly pay heed to the ensuing recommendations:

1. Verification of Adoption Criteria: Before proceeding with any adoption proceedings, it is of utmost importance to rigorously verify your conformity with the adoption prerequisites stipulated by the legal jurisdiction within which you currently reside. The alteration of the paternal designation on the birth certificate, contingent upon your geographical location, could potentially mandate adherence to the formal process of adoption. Therefore, a comprehensive assessment of your eligibility vis-& agrave -vis the established criteria is strongly advised before embarking on any adoption-related actions.

2. Adherence to the Legal Adoption Protocol: If adoption emerges as a requisite, it is imperative to diligently follow the legal procedures mandated for acquiring approval from the court. It is essential to successfully finalize the adoption process before pursuing any amendments to the birth certificate.

If you are contemplating a modification to the mother's name on the birth certificate, a similar course of action applies. Adhering to the established adoption protocols and obtaining court authorization are pivotal prerequisites before initiating a request for the alteration of the mother's name.

The Importance of Expert Advice

Just a reminder, you can modify your birth certificate only once throughout your life. This choice is permanent and will have lasting effects. To ensure a seamless process and avoid unforeseen issues, it's a smart move to consult professionals. Experts can navigate you through every step, even when dealing with government authorities. At LawRato, our skilled professionals are here to help. They're easily accessible with just a click.

Consult: Top Civil Lawyers in India

Frequently Asked Questions

• What is the minimum age when I don't need my guardian's approval to change the name in my birth certificate?:You can change your name without your guardian's approval when you turn 18, provided there are valid reasons for the change.

• How can I officially change my name in India?:To officially change your name in India, you need to file an affidavit, publish an advertisement, and get a gazette notification.

• How to change your name after marriage?:After marriage, you can change your name by submitting an application and affidavit to the registrar. Notarize the affidavit, advertise the change in the gazette and a newspaper.

• How long does it take to legally change your name in India?:The process involves an affidavit, newspaper publication, and gazette notification, taking around a month. Gazette and newspaper publication might take about 2 weeks.

• Is an affidavit required for a name change?:Yes, an affidavit is crucial. It demonstrates your intent, enhances credibility, and verifies the process.

• How much does it cost to change your name in India?:The process costs around Rs. 1000. This covers the official notification cost of Rs. 900 and Rs. 100 non-judicial stamp paper for the affidavit. Newspaper rates vary.

• What are the documents required for a name change? You require:

1. Affidavit for name change

2. Birth certificate

3. Address proof

4. Attested photographs

5. Copies of newspaper-advertisements

• Do I need to update my birth certificate too, after my name is changed?:No, you need not to update your birth certificate. Keep notarized copies of the name change certificate, along with newspaper and gazette advertisements.

• Can names on the passport be different from the birth certificate?:No, they must match. If you change your birth certificate name, update your passport by applying at the passport office.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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