Now Reading: Calcutta High Court allows stepfather’s name on child’s birth certificate
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Calcutta High Court allows stepfather’s name on child’s birth certificate
Calcutta High Court allows stepfather’s name on child’s birth certificate
The Calcutta High Court has directed municipal authorities to add the stepfather's name and change the surname on a minor child's birth certificate, ruling it was in the child's best interest. Justice…
The Calcutta High Court has directed municipal authorities to add the stepfather's name and change the surname on a minor child's birth certificate, ruling it was in the child's best interest. Justice Raja Basu Chowdhury said society has moved forward and it is no longer necessary to retain the biological father's name in the register.
The court passed the order on a petition by the mother, who married Rajesh Ghosh in March 2022 after divorcing the biological father in 2021. The child has been living with the mother and stepfather, who jointly care for him. The mother argued that retaining the biological father's name was psychologically harming the child.
The court directed that the alteration will remain subject to the child's own choice upon attaining majority. The new certificate must include particulars of the earlier one. The case is WPA 21054 of 2025.
Indian Opinion Analysis
The order builds on the Supreme Court's 2022 judgment in Akella Lalitha v. Konda Hanumantha Rao, which affirmed that a child's welfare is paramount in custody and naming disputes. Under Section 15 of the Registration of Births and Deaths Act, 1969, municipal authorities have power to correct entries but typically require a court order in contested cases. The condition preserving the child's right to revert after turning 18 mirrors standard safeguards in identity-related orders. This judgment could influence other family courts handling similar petitions by single mothers or remarried parents.
The municipal authorities must now issue the addendum and altered surname, with the child's future option serving as the final check.
Source: livelaw.in
This brief was synthesised by AI from the source linked above.
