How to Change my Child’s Name Without the Father’s Consent?

Last Updated at: July 06, 2020
1575
How to Change my Child's Name Without the Father's Consent

Deed Poll can easily change the legal name of a child by providing parental responsibility (PR) to everybody for the child consents to the change of name. If your child is 16 years of age or older (or approaches their 16th birthday), they will apply for their Deed Poll for which parental consent is not required. It may be possible for a mother to change her child’s surname by Deed Poll without the consent of an absent father (who has parental responsibility) or location is unknown. Usually, this situation arises where a mother wants to change her child’s Name because the child has the father’s surname and the father is now absent after separation or divorce.

In this article of Vakilsearch, you will get to know the procedure on how to change the name of your child without the consent of the father.

  1. What is a name change?

  2. When does a name change of a child will be approved without a father’s consent?

  3. Official Procedure to Change the Name and Surname of the Child.

  4. Legally change the name of a child.

  5. An ideal option for Successful Petition of Change of Name for a Child.

What is a name change?

The name change is defined as the legal action that is followed by the person to change the name and it can be done because of numerous reasons and they are to change the name related to the birth certificate, marriage, or in case of adoption. The procedures for changing a name easily differ across jurisdictions. Common law jurisdictions generally have loose naming procedures, while civil law jurisdictions are more stringent. 

It is becoming very normal for parents to choose to change their children’s names for several reasons. The procedure for changing a name is slightly different for a minor. The process of changing the minor’s name is nearly the same as an adult in India. Therefore, for any further paperwork, you didn’t run around. Name change procedure can be done by either of the parents without the consent of others in special circumstances that are explained in the next section.

When does a name change of a child will be approved without a father’s consent?

Generally, the consent of both parents requires changing the name of a child. But in some conditions, the name change petition can be approved without the consent of one parent and those situations are as follows –

  1. In cases of legal termination of one parent’s parent’s rights, the other parent may change the surname of the child without the permission of another parent.
  2. In the scenario that the mother has sole physical custody, is not married and paternal rights are not formed, without permission the mother may change the last name of the child.
  3. If the petitioner’s parents would not be able to find the other parent or location is unknown, the petitioner’s parent could change the child’s name without consent.

Get legal advice 

Official Procedure to Change the Name and Surname of the Child.

Name change procedure for the adults can be filed by themselves only but for the minors (that is individuals who are less than 18 years of age) it can be done by parents. The procedure for the name change is broadly classified and consists of just three steps: 

Create a name change affidavit

The name change affidavit has the set format in which the full name, age, address, the reason for a name change, signature, and all the other formalities is mentioning. This information requires for the name change. In the recommendation location, the deponent should sign the affidavit. A judge or notary or a Commissioner for Oaths should certify this.

Place the newspaper ad with name change information

The advertisement for the name change must place with precise information in one of the largest national daily journals. The ad should include the applicant’s old name and name, full residence address of the applicant, name of the testimony, and the date of the affidavit.

Apply for name change in Gazette

The documents mentioning above should deliver to the Controller of Publications, Civil Lines, Delhi-110054, for printing charges and forwarding letters. Papers should directly get a submission or sent to the Department via post/courier.

Legally change the name of a child

To change the name legally of a child one can go to court for this. To legally change the name of a person following measures are –

File a petition with the court

Each state has the option to file a petition to change the name of a child. For this, file the official petition and fill all the required fields and also provide additional documentation to support your petition.

Notify the other child’s parent for the petition

It is to notify the other parent and provide the proof of the newspaper for the publication of the name.

Court Hearings

Attend the court hearing and answer all the questions asked by the judge regarding the name change so that the process of changing the name can be done without any conflict.

How you can change the name of your child with Vakilsearch

Just three simple steps. Yes. Let us tell you

  1. Our team will set up a seamless process for data collection
  2. Our team will prepare your application and submit it to the concerned department
  3. Further, you will get the request name change at the most affordable cost. 

An ideal option for Successful Petition of Change of Name for a Child

Successful petitions to change the child’s last name are most likely if both parents agree to the change and file the petition together. 

Sometimes it is not possible to obtain permission from the other parent. If that is the case, a most probable situation for an effective petition to change the child’s name without any of the consent of one parent would be that the parent has effective abandon the child for a considerable amount of time.

 

+1

How to Change my Child’s Name Without the Father’s Consent?

1575

Deed Poll can easily change the legal name of a child by providing parental responsibility (PR) to everybody for the child consents to the change of name. If your child is 16 years of age or older (or approaches their 16th birthday), they will apply for their Deed Poll for which parental consent is not required. It may be possible for a mother to change her child’s surname by Deed Poll without the consent of an absent father (who has parental responsibility) or location is unknown. Usually, this situation arises where a mother wants to change her child’s Name because the child has the father’s surname and the father is now absent after separation or divorce.

In this article of Vakilsearch, you will get to know the procedure on how to change the name of your child without the consent of the father.

  1. What is a name change?

  2. When does a name change of a child will be approved without a father’s consent?

  3. Official Procedure to Change the Name and Surname of the Child.

  4. Legally change the name of a child.

  5. An ideal option for Successful Petition of Change of Name for a Child.

What is a name change?

The name change is defined as the legal action that is followed by the person to change the name and it can be done because of numerous reasons and they are to change the name related to the birth certificate, marriage, or in case of adoption. The procedures for changing a name easily differ across jurisdictions. Common law jurisdictions generally have loose naming procedures, while civil law jurisdictions are more stringent. 

It is becoming very normal for parents to choose to change their children’s names for several reasons. The procedure for changing a name is slightly different for a minor. The process of changing the minor’s name is nearly the same as an adult in India. Therefore, for any further paperwork, you didn’t run around. Name change procedure can be done by either of the parents without the consent of others in special circumstances that are explained in the next section.

When does a name change of a child will be approved without a father’s consent?

Generally, the consent of both parents requires changing the name of a child. But in some conditions, the name change petition can be approved without the consent of one parent and those situations are as follows –

  1. In cases of legal termination of one parent’s parent’s rights, the other parent may change the surname of the child without the permission of another parent.
  2. In the scenario that the mother has sole physical custody, is not married and paternal rights are not formed, without permission the mother may change the last name of the child.
  3. If the petitioner’s parents would not be able to find the other parent or location is unknown, the petitioner’s parent could change the child’s name without consent.

Get legal advice 

Official Procedure to Change the Name and Surname of the Child.

Name change procedure for the adults can be filed by themselves only but for the minors (that is individuals who are less than 18 years of age) it can be done by parents. The procedure for the name change is broadly classified and consists of just three steps: 

Create a name change affidavit

The name change affidavit has the set format in which the full name, age, address, the reason for a name change, signature, and all the other formalities is mentioning. This information requires for the name change. In the recommendation location, the deponent should sign the affidavit. A judge or notary or a Commissioner for Oaths should certify this.

Place the newspaper ad with name change information

The advertisement for the name change must place with precise information in one of the largest national daily journals. The ad should include the applicant’s old name and name, full residence address of the applicant, name of the testimony, and the date of the affidavit.

Apply for name change in Gazette

The documents mentioning above should deliver to the Controller of Publications, Civil Lines, Delhi-110054, for printing charges and forwarding letters. Papers should directly get a submission or sent to the Department via post/courier.

Legally change the name of a child

To change the name legally of a child one can go to court for this. To legally change the name of a person following measures are –

File a petition with the court

Each state has the option to file a petition to change the name of a child. For this, file the official petition and fill all the required fields and also provide additional documentation to support your petition.

Notify the other child’s parent for the petition

It is to notify the other parent and provide the proof of the newspaper for the publication of the name.

Court Hearings

Attend the court hearing and answer all the questions asked by the judge regarding the name change so that the process of changing the name can be done without any conflict.

How you can change the name of your child with Vakilsearch

Just three simple steps. Yes. Let us tell you

  1. Our team will set up a seamless process for data collection
  2. Our team will prepare your application and submit it to the concerned department
  3. Further, you will get the request name change at the most affordable cost. 

An ideal option for Successful Petition of Change of Name for a Child

Successful petitions to change the child’s last name are most likely if both parents agree to the change and file the petition together. 

Sometimes it is not possible to obtain permission from the other parent. If that is the case, a most probable situation for an effective petition to change the child’s name without any of the consent of one parent would be that the parent has effective abandon the child for a considerable amount of time.

 

+1

No Record Found
SHARE