How to Change a Childs Last Name After Divorce

1. How to Change a Child's Last Name After Divorce Sometimes, for parents, in the process of updating a child's identity, due to divorce cases, changing a child's surname in India may be required. The procedure of surname change in India might be very relevant when either of the divorced parents gets married again or if the child wishes to take up the surname of the custodial parent. The intended change of name for every child is officially announced in the Gazette of India. Such an announcement provides the new name with legal validation for inclusion in school records, passports, and other legal documents, ensuring that you legally change your name without complications. Following is the step-by-step method of how a change of surname of a child following a divorce can be done through Gazette in India. -> Step 1: Prepare an affidavit of declaration.

2. The first step of changing one's name is preparing a declaration affidavit. The affidavit should be prepared by the parent who seeks the name change for the child. It shall consist of the following general information: Current Name of the Child: State the child's full current name as it is on the legal documents. New Name of the Child: State the new name that is wanted. Reason for Name Change: Short and succinct reason for the name change; it can be as a result of changing the custodian's surname upon divorce, a new beginning after divorce, or for any other personal reasons. Information Regarding Custody After Divorce: If the issues of custody have been determined then proceed to indicate the custodian parent and where he will keep his child after the divorce. Consent of the Other Parent: If the other parent consents to the name change, it should be included in the affidavit. If the consent is unavailable, the necessary legal papers showing the custodial rights of the parent requesting the name change should be obtained. The affidavit must be signed in front of a notary public, who will authenticate the document. This serves as a legal declaration of the intent to change the child’s name. -> Step 2: Notice of Name Change to be Given in Local Newspaper Next, comes the publishing of the change in a local newspaper. This one is the most important step as the name serves very well with good notice to all people; hence those who may have objections can raise their concerns. The details of the advertisement of the newspaper include, Current Name of Child: The current name that identifies the child on the birth certificate and/or other legal documents. New Name of the Child: This is the name that the child will take.

3. Statement of Voluntary Name Change: The statement should indicate that the name change is voluntary and carried out by the parent legally as far as the child's identity is concerned. This advertisement needs to be published in one of the local newspapers, which have wider circulation in the area where the child is staying. This publication of the notice gives all persons who have a legal objection to the name change the opportunity to appear and file an objection. -> Step 3: Application for Gazette Notification After the affidavit and publication in the newspaper, the applicant will be required to apply for publishing in the Gazette of India regarding the surname change in India. This Gazette serves as the legal proof for the name change, and without it, no amendment of legal documents is possible. You can directly submit it to the Department of Publication under the Ministry of Housing and Urban Affairs or hire the services of a gazette publication agency that will do the whole process on your behalf. The application generally requires Affidavit Copy: A copy of the affidavit prepared in step 1. Newspaper Advertisement Copy: A copy of the newspaper advertisement publishing the change of name. Child Birth Certificate: This is the original or a notarized copy of the child's birth certificate. Divorce Decree: In case the parent has been divorced, a copy of the divorce decree shall be attached. Proof of Identity and Address of the Parent: This shall comprise valid government-issued ID, utility bills, or any other valid official document indicating the parent's identity and residential address. Of course, there is a cost for publishing in the Gazette, which also varies by jurisdiction. Even that will be paid when the application is submitted.

4. -> Step 4: Wait for the Gazette Publication After all the relevant documents are presented and the application fee is paid, the process moves further. The application will be processed by the Department of Publication. The name change so approved shall, after the aforesaid intimation in the Gazette of India, be advertised in the Gazette of India wherein the existing name of the child, the name to be assumed, and a declaration to that effect would be stated. This notice published in the Gazette would thus serve both as proof for the change of name and indeed would be regarded as a deed change of name. You will receive a copy of the notice from the Gazette, and at this point, it is an official document of the new name. -> Step 5: Update Legal Documents You can now create all the child's legal documents with a new last name with the Gazette notification, and that is quite an important milestone because you get the recognition of this new name on all formal documents. Surname change in India through the Gazette ensures that the new name is legally valid and can be updated in official records without any issues. This is a list of documents to be updated. Birth Certificate: A new birth certificate with the new name is to be applied from the local municipal corporation or the concerned authority in the city of birth of the child. School Records: Let the child's school administration change the child's name in the school records, report cards, certificates, and other academic documents. Passport and Other Documents: If the child has a passport, then apply for the name update at the passport office, submitting the Gazette notification as proof of a legally changed name. Similarly, if there are other important documents such as a PAN card or Aadhar card, then you must apply for the update of the same. Conclusion

5. The process for surname change in India for a child after divorce through the Gazette is a long legal process that requires much attention to detail. Preparation through an affidavit, publishing a change of name in a local newspaper, applying for publication in the Gazette, and updating official documents are required to get the new name legalized. The process will be smooth and hassle-free with the help of expert service providers who specialize in name change procedures, ensuring everything is done correctly and efficiently.