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Not necessary to retain biological father's name: Calcutta HC allows stepfather's name on birth certificate.
The
has directed municipal authorities to issue an
to a minor child's birth certificate, incorporating the name of his stepfather and altering the child's surname, holding that such alteration is in the
"
."
Justice Raja Basu Chowdhury allowed the plea of Smt. Barnali Ghosh (Karmakar), who sought the change after her divorce from the child's biological father and subsequent remarriage to Rajesh Ghosh. The Court noted that society has moved forward and that
"in today's world it is no longer necessary to retain the name of the biological father in the register."
A Mother's Journey Through Divorce and Remarriage
The petitioner married Subhankar Karmakar on , and a son was born from the union. The marriage was dissolved by a under , passed by the District Judge, Hooghly, on .
On , she married Rajesh Ghosh, a marriage duly registered before the . The minor child has since been residing with the petitioner and her new husband, who is jointly caring for him. The petitioner contended that the biological father had absolved himself of all responsibilities.
Plea for a Fresh Birth Certificate
The mother approached the on , seeking a fresh birth certificate reflecting the child's present surname and the stepfather's name. She argued that retaining the biological father's name was causing a psychological impact on the child. When the municipality did not accede, she filed the present .
The Court initially took up the matter in . Service on the biological father was eventually completed through newspaper publication. The Court also interacted with the minor child and the parents in chambers to assess the situation.
Court's Legal Analysis: Society Has Moved Forward
Justice Basu Chowdhury referred to the 's judgment in Akella Lalitha v. Konda Hanumantha Rao (2022 SCC OnLine SC 928), which recognized the right of a single mother to decide the surname of her minor child. The Court also invoked , which provides for correction of entries in the register.
The judge observed:
"Society has moved forward and in today's world it is no longer necessary to retain the name of the biological father in the register or for that matter for a single parent to bring up a child and for the single mother to decide on the surname of the minor child."
Key Observations from the Judgment
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"The petitioner is entitled to seek alteration in the birth certificate of her minor son already issued by the municipal authorities."
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"Such alteration of records, in my view, is necessary for ."
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"The child is now minor and may have independent opinion when he grows up and attains majority."
Court's Decision: with Safeguards
The Court directed the municipal authorities to issue an to the existing birth certificate, incorporating the name of the stepfather (Rajesh Ghosh) and making consequential changes to the child's surname. However, the Court made the alteration subject to the child's own choice upon attaining majority.
The new certificate must also bear particulars of the previous certificate, including its serial number and date of issuance, ensuring continuity of records.
Implications
The ruling underscores a progressive approach to family law, recognising that a child's best interests may justify updating official documents to reflect the reality of the child's current family environment, while preserving the child's right to choose later in life.
