'Child's Identity Is Part Of Their Autonomy': Calcutta HC Directs Issuance Of Fresh Birth Certificate To Minor Seeking To Adopt Mother's Surname

The Calcutta High Court has directed the municipal authorities to issue a fresh birth certificate to a minor seeking to give up her father's surname and adopt her mother's surname.

Justice Gaurang Kanth held: "The identity of a child, including her surname is an integral part of her personal development and autonomy. Courts have consistently held that when the change in name or surname does not adversely affect any legal or statutory right of a third party and is sought in furtherance of the child's best interest, such change ought to be allowed. In light of the above facts and the applicable legal position and having regard to the welfare of the minor child, which is of paramount consideration, this court is of the view that prayer of the petitioner deserves to be allowed."

The petitioner, a minor represented through her mother, challenged an order of the municipality which rejected her plea, seeking a change of her surname from 'Chatterjee' to 'Bhattacharya'.

It is the case of the petitioner that she was born on 14.4.2011 to Mr. P. Chatterjee and Ms. K.Chatterjee during the subsistence of their marriage, and a birth certificate was issued by the municipality.

Following matrimonial discord between her parents, she has been residing with her mother at her maternal grandparents' residence. The marriage between the parties was subsequently dissolved by a decree of divorce dated 13.5.2015. Post divorce, both the petitioner and her mother adopted the surname 'Bhattacharya' in place of 'Chatterjee'.

Consequently, in certain documents, the petitioner's surname is recorded as 'Bhattacharya', whereas in others it continues to appear as 'Chatterjee'.

The petitioner submitted that she desired not to retain her father's surname and submitted an application dated 17.2.2025 before the respondent corporation, seeking correction of her surname in the birth certificate.

However, the said application was rejected by the respondent corporation, citing the reason that such a change of surname in the birth certificate is not permissible merely on account of change of marital status of the parents.

Counsel for the respondent submits that as per Section 15 of the Registration of Births and Deaths Act, 1969 and upon the guidelines issued by the Government of India, Ministry of Home Affairs, dated December 29, 2014, which mention that once the name of the child is entered in the birth certificate, it cannot be changed.

Counsel for the petitioner submits that section 15 does not impose an absolute bar and that a co-ordinate Bench of this court, in a similarly situated case, has directed for correction of the birth certificate.

Court noted that the petitioner is a minor girl aged about 14 years and is currently studying in class IX, and has been residing with her mother since birth. The marriage between her biological parents was dissolved by a decree of divorce passed by the competent court on 13.5.2015.

Following the said dissolution of marriage, both the petitioner and her mother, in order to align their identities and in exercise of their personal liberty, adopted the surname 'Bhattacharya' in place of 'Chatterjee'.

It was submitted that pursuant to this change, the petitioner's surname has already been updated in various official documents such as AADHAR card, passport and other documents. However, in certain other records, including her school record and her birth certificate, her earlier surname 'Chatterjee' continues to appear, resulting in inconsistency and causing potential administrative difficulties.

Petitioner submitted that she does not wish to retain or be identified by the surname of her biological father owing to personal and emotional reasons and seeks to have her identity consistently recorded in all official documents with the surname 'Bhattacharya', which she has been using ever since the decree of divorce.

Petitioner asserted that this change is not only necessary for maintaining consistency in records but also crucial for safeguarding her emotional wellbeing and personal sense of identity.

Accordingly, in relying on its earlier decisions, and keeping the best interests of the child in mind, the court allowed the plea.

"It is, however, made clear that such change of surname and the consequential removal of the surname of the biological father from the birth certificate and other official records shall not, in any manner whatsoever, affect the legal status of the biological father as her natural guardian under any law, nor shall it affect or extinguish the petitioner's legitimate rights if any, including her succession and inheritance rights to the property of her biological father. All such rights shall continue to remain preserved and unaffected by this order, in accordance with law," it clarified.

Case: AB v REGISTRAR OF BIRTHS AND DEATH, CHANDERNAGORE MUNICIPAL CORPORATION & ORS

Citation: 2025 LiveLaw (Cal) 176

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