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Expert: Javed Razack Date: 6/13/2008 Subject: How to change birth name to stepfather's name in India courts
Question I would like to know what my husband, living in the U.S., would need to do to get his name changed legally in India, and a general idea of how long it takes and how much it costs. Also, is it possible for it to be done without his having to go there himself?
My husband legally came into the U.S. while still a child, under his stepfather's last name. We were advised, while trying to straighten out his status with the INS, that if we couldn't get proof of his mother's remarriage (in India) documenting the name change, that he would need to change his name in India to reflect his stepfather's last name, since he was brought in to the country with his stepfather's last name.
Since my husband doesn't think there is any official documentation of his mother's remarriage, he doesn't want to waste money looking for it. He would prefer to just change his name in court in India. Also, on the birth certificate his first and middle names are switched. All his documents in the U.S. are under his stepfather's last name and with his middle name used as his first name.
I appreciate your time and any information you can give me.
Answer Hello Jo,
I was wondering if there were any legal documents made at the time when your husband's stepfather got him to US under his last name. Whether any consent from the real father was obtained or he just assumed his authority to do so!
As for the mother's marriage is concerned, assuming that she filed for divorce, did she also state that the custody of the child be with her and entitled as a guardian for the welfare of the child and decreed by the Court?
Firstly your husband should list the places where his name change has to be effected, the academic certificates, passport and anyother regulatory authority in particular.
There are two routes, one being with the State Government of the State where he was born by filing an application for name change with the General Administration Department (GAD) and after hearing and on the basis of the documents in support, the GAD notifies the name change and then publish in the Official Gazette of the State to the effect of the name change which can be used for all purposes. The other through the Court of Law seeking a declaration that he be called by his name ....... making the concerned authorities as respondents and all concern as respondents. All issues concerning the correctness, surname and the switch of the first and middle name can be redressed by the Court under a decree which shall be binding on all authorities.
It may not be possible for me to opine on the cost as it depends on many factors.
I hope this suffice your present query,
All the best
Javed Razack
