Are you looking for a name change for your child to better suit their personality or for whatever other reason? You’ve stumbled upon just the right article.
In October 2020, the Delhi High Court had ordered the CBSE Board to set up a mechanism to facilitate students’ desire to change their names and other details on their class 10 and 12 educational certificates. The court suggested that the board include a column or space in their forms to allow students to make any necessary changes. It is common for parents to choose to change their children’s names for a variety of reasons. The procedure for changing a minor’s name varies slightly from the procedure outlined for adults. However, the process of changing the name of the minor is almost the same as that of an adult individual in India. So, one doesn’t have to run around tackling any additional paperwork. If your child’s name has been misspelt in a government document or you have decided to change his/her name, here’s the procedure to do that. The procedure listed below would be useful for parents when they change the name of their wards. It is, of course, a simple procedure. Navigating the legal name change process for minor involves a specific and structured procedure to ensure a smooth transition.
Name Change Process for Minor in India
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Make an Affidavit
The first thing is to zero in on a local notary, who can make an affidavit for the name change. The affidavit must state why you are seeking to change the name of the minor. It should also provide identification of the minor, their mother/ father/ guardian’s name, residential address and age of the child.
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Publish Name Change in Newspaper
You are then required to publish the same in at least one local newspaper preferably one in English and one in the vernacular language. This step is to Basically, publicly disclose the online name change in the name of the minor. Do keep copies of the newspaper as you will be required to submit them to the gazette officer.
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Undertake Gazette Publication
Having done all this, you will now have to publish the new/ revised name of the minor by taking out an advertisement in the official gazette. In order to do this, you will need to submit the following six documents:
- An undertaking duly signed by the parent or legal guardian. This letter should contain details of the minor such as residential address and age. In case you are living abroad, you will have to submit a duly attested original declaration by the respective Indian Embassy/ Indian high commission to the gazette office.
- Original newspaper copy, where the change of name is published
- Prescribed proforma in duplicate duly typed with the signature of the applicant and two witnesses. The proforma should be digitally typed and signed by the minor’s parent/ guardian with two witnesses as well. Along with duplicates, this document should be submitted along with a soft copy (CD in MS word). Remember to type in the old name in place of the signature.
- Two self-attested passport size photographs of the minor and the parent/ guardian along with the minor’s photo id proof.
- A certificate duly signed by the applicant declaring therein that the contents of hard copy and soft copy are similar, true and accurate.
The wait until the gazette office publishes it for the government record after these are submitted won’t be too long. Once published the minor’s name change will then be legally finalised.
The Takeaway
It is vital that you legally change your child’s name in order to avoid unwarranted and unnecessary legal allegations in the future. Make sure you don’t forget any of the above steps so that you can finish the name change process for minor without any difficulties.
In fact, we recommend that you always engage the services of a professional such as the experts at Vakilsearch when undertaking name change formalities. Do not get cheated by untrusted agents who only assure you but do not complete the name change formality as per the prescribed legal requirements. Get in touch with us today!
FAQ
How can I legally change the name of a minor?
Name Change Process for Minor in India - To legally change a minor's name, file a petition in the appropriate court, providing compelling reasons for the change. Ensure compliance with legal requirements and follow the court's procedures for approval.
What documents are required for initiating a name change for a minor?
Necessary documents typically include the minor's birth certificate, the petitioner's identification, and any relevant court forms. Additional documents may be required based on jurisdictional rules.
Are there specific eligibility criteria for changing a minor's name?
While eligibility criteria vary, valid reasons for the change and the minor's best interests are often considered. Compliance with procedural requirements and legal standards is essential for a successful petition.
What is the typical timeframe for completing the name change process for Minor?
The timeframe for completing a minor's name change process varies by jurisdiction. Generally, it takes several weeks to months, considering court procedures, document processing, and any required hearings.
Do both parents need to consent to a minor's name change, or is one parent's approval sufficient?
In most cases, both parents must consent to a minor's name change. However, if one parent has legal custody or the other parent is unavailable or uninvolved, a court may consider a single parent's approval sufficient. Always consult local laws for specific requirements.
