Landmark Judgment Allows Incorporation of Stepfather's Name and Surname Change in Birth Certificate
In a significant ruling, the Calcutta High Court has empowered a single mother to amend the birth certificate of her minor child, allowing for the inclusion of the stepfather's name and a change in the child's surname. The decision was delivered by Justice Raja Basu Chowdhury in response to a petition filed by Smt. Barnali Ghosh (Karmakar), seeking to reflect her current marital status and familial arrangements in official documents.
The petitioner, Smt. Barnali Ghosh, had approached the court after her request to the Purba Bardhaman Municipality for a fresh birth certificate was denied. Her plea was to replace the biological father's name with that of the stepfather, following her remarriage to Rajesh Ghosh after dissolving her previous marriage with Subhankar Karmakar.
Justice Chowdhury's judgment considered societal progress and the evolving understanding of family structures. Citing the Supreme Court's decision in Akella Lalitha v. Konda Hanumantha Rao, the court recognized the autonomy of a single parent to decide on their child's surname and the need to protect the child's best interests.
The court directed the municipal authorities to issue an addendum to the existing birth certificate, incorporating the stepfather’s name and modifying the child's surname. This alteration is subject to the child’s consent upon reaching the age of majority, ensuring that the child retains the right to make personal choices in the future.
This judgment is seen as a progressive step in acknowledging diverse family dynamics and supporting the rights of single parents. Legal experts believe it sets a precedent for similar cases, reflecting a modern understanding of familial relationships and the legal recognition of step-parents' roles.
Bottom Line :
A single mother is entitled to seek alteration in the birth certificate of her minor child to reflect the name of the stepfather and modify the surname of the child, keeping in view the best interest of the minor child and societal changes.
Statutory provision(s): Registration of Births and Deaths Act, 1969 Section 15
Smt. Barnali Ghosh (Karmakar) v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2969245
