Child’s Surname Integral To Identity & Welfare: Calcutta High Court Allows Minor To Replace Father's Surname With Mother's In Birth Certificate

A 14-year-old girl sought to change her surname from her father's to her mother's in the birth certificate following her parents' divorce. 

The Calcutta High Court has directed municipal authorities to issue a revised birth certificate to a minor girl, allowing her to replace her father's surname with her mother's. 

A Bench of 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.

Background The petitioner a 14-year-old girl filed the case through her mother, challenging a decision by the municipal authority that denied her request to change her surname from 'Chatterjee' (her father’s surname) to 'Bhattacharya' (her mother’s surname). The girl was born on April 14, 2011, during the subsistence of the marriage between Mr. P. Chatterjee and Ms. K. Chatterjee. A birth certificate was issued at the time, listing her surname as 'Chatterjee'. 

Following marital discord, the child began residing with her mother at her maternal grandparents’ home. The parents' marriage was formally dissolved by a decree of divorce on May 13, 2015. After the divorce, both the petitioner and her mother adopted 'Bhattacharya' as their surname, seeking to reflect their changed identity and familial association. 

Despite adopting the new surname in daily life and updating several official documents—including her AADHAR card and passport the child’s birth certificate still bore the surname 'Chatterjee'. Inconsistencies in official records created administrative challenges, prompting the petitioner to submit an application to the municipal corporation on February 17, 2025, requesting a change in surname on the birth certificate. However, the application was rejected, with the municipality citing that such a change was not permissible solely on the basis of a change in the parents’ marital status. 

The respondent municipality referred to Section 15 of the Registration of Births and Deaths Act, 1969, and guidelines issued by the Ministry of Home Affairs dated December 29, 2014, which purportedly disallow name changes in birth certificates once registered. The petitioner’s counsel argued that Section 15 does not impose an absolute prohibition and highlighted a precedent where a coordinate Bench of the High Court had permitted a similar change in a comparable case. 

Findings 

The Court noted that the minor, now 14 years old and a Class IX student, has been living with her mother since birth and shares a close emotional and familial bond with her. Post-divorce, the surname 'Bhattacharya' has been used by both the mother and the minor, and this name has been reflected in multiple official documents. However, the presence of the old surname 'Chatterjee' in certain records, including school and birth certificates, caused inconsistencies and administrative difficulties. 

The petitioner argued that she no longer wished to be identified by her father's surname due to emotional and personal reasons, and sought a consistent official identity that aligns with her lived reality and emotional well-being. The Court accepted that the petitioner's request was grounded not only in the need for uniformity across documents but also in her right to emotional integrity and identity. 

The Court concluded that the change of surname would not adversely affect any legal rights and was clearly in the best interest of the child. Therefore, the Court allowed the petition, directing the municipal authorities to issue a corrected birth certificate reflecting the new surname 'Bhattacharya'. 

The Court, however, clarified, "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.” 

Cause Title: Atreyi Bhattacharya v. Registrar of Births and Death & Ors. 

Appearance: 

Petitioner: Advocates V.V.V. Sastry, Anirudh Goyal 

Respondents: 

Advocates Suman Basu, Debanjan Bhattacharjee, Samik Chatterjee, S Mahapatra