How to Change Name in Birth Certificate?

A birth certificate is the very first document issued by the Municipal Corporation which identifies an individual birth time, date, name to be recognized by the world and other essential details. It's not just used to be identified by name, birth certificate is an essential document that is required for obtaining many other documents: passport, license, enrolling in school, marriage, adoption or name change. 

So, it's very important to keep the birth certificate updated with accurate information to ensure all the processes work smoothly without any hassle. Especially if a person wants to change a name on the birth certificate because of personal preference or other reasons. 

In India, changing names on a birth certificate is a legal process, and every single step must be taken carefully.

If you are planning to change the name on your birth certificate, then keep reading.

Here, we've covered everything about how to change names on a birth certificate, legal procedures, documents required, eligibility and a step-by-step process to change a name on a birth certificate. Let's dive in!

Understanding the Need for a Name Change on Birth Certificate

There are various reasons and circumstances that can occur when a person decides to change a name. However, an individual must change their name on a birth certificate first. Because it's a crucial document that plays a role in every other legal document, here are some common reasons why a person changes their name on a birth certificate:

• Missing Middle or Last Name: If a person's middle or last name is missing from the birth certificate, it can be a reason.
• Incorrect Spelling: Sometimes, the name is misspelt on the birth certificate that needs to be changed.
• Post-Marriage Changes: Women need to update their names after marriage.
• Personal Preference: If an individual doesn't like their name or prefers a new name, then it can be a reason to change the name.
• Changing Surname: If a person wants to shift to a new family, honour a partner, or meet cultural preferences.
• Gender Transition: When an individual changes their gender, then their name needs to be changed to match the affirming identity.
• Divorce: When women want to revert back to the previous name or choose a new name after the divorce.
• Astrological or Numerological: People often believe in numerology and astrology to change their name for a better life.
• Religious Reasons: If a person wants to change religion, then a new name can be necessary.
• Identity Renewal: If a person wants a completely fresh start in life with a new name and new identity.
• Adoption: When children are adopted then, their names are changed by their new parents.

Legal Provisions and Requirements

A birth certificate is one of the most essential documents that defines the birth details of a person. In India, the birth certificate is issued by the Municipal Corporation or Gram Panchayat, based on the location of birth. However, if a person wants to change their name on a birth certificate due to any reason, then there are some legal provisions and requirements that need to be followed:

The Registration of Births and Deaths Act, 1969

Under section 15 of the Registration of Birth and Death Act 1969, an individual has the right to approach the Municipal corporation to change the name on the birth certificate.

Indian Evidence Act, 1872

This act states that every individual must make sure to submit all the legal documents, like an affidavit, with accurate information while changing the name on a birth certificate because these given documents are considered a verification process and allow authorities to proceed with name change requests.

Eligibility Criteria For Applying for a Name Change

Are you eligible to change names in the application? Here are the essential conditions to be followed:

• A person must be 18 years or above
• A person must be a citizen of India
• The guardian/parents can change a minor's name
• A person must have a valid reason for a name change
• A person must have a legitimate government ID for verification
• A person doesn't have any pending legal issues or criminal cases

These are some essential conditions that need to be followed while changing a name on a birth certificate.

Documentation Required

Here are some essential documents that are required to change a name on a birth certificate:

• Affidavit for name change
• Old birth certificate
• Proof of residence
• Original copies of published newspaper advertisements
• Passport sized photos
• Address and identity proofs
• Deed changing name form
• A birth certificate update/correction form

Step-by-Step Procedure to Change Name in Birth Certificate

Let's understand how to change the name on birth certificate. Here's the step-by-step process to change the name on the birth certificate:

Step 1. Obtain the Necessary Forms

The very step to change your name on the birth certificate is to visit the nearby Municipal Corporation Office or the Gram Panchayat, where the birth was registered, and then ask for a 'birth certificate update/correction form.

Step 2. Prepare an Affidavit

Now, another important thing is the affidavit which is required to change the name on the birth certificate. You can contact a local notary to create an affidavit. 

The affidavit must include essential information like current name, new name and the strong reason for the change. 

Also, use a non-judicial stamp paper for minimal value of the affidavit. 

Here's the sample format of the affiliate for change name:

Step 3. Submit the Correction Form

Once your affidavit is filled accurately then submit it to the respective authority i.e., Municipal Corporation or District Court.

Step 4. Newspaper Advertisement

After submitting the affidavit, the next step is to publish an advertisement of your changing name in at least 2 newspapers (one local language and another in English). 

It's a mandatory process that needs to be followed. Because advertising in newspapers declared the name change publically. Here's the sample format for advertisement you can consider:

Step 5. Gazette Notification

Now, you've all the required legal documents to change your name on your birth certificate.

It's time to publish your new name in the Official Gazette of your respective state.

To apply for a name change in the state's Official Gazette, you need to write an application and attach all the required documents, including:

• Copy of affidavit
• Copies of newspaper advertisements
• Attested passport-size photos
• Reason for changing name
• Three copies of individually drafted applications

Submit all these required documents and pay the fees, which are around ₹700-900.

People Also Read : Gazette Notification For Name Change

Step 6. Follow-up and Verification

After submitting the documents, a final verification is required, which will take a bit longer. Also, you can follow-up with the Municipal Authority.

Step 7. Receive the Updated Birth Certificate

After the verification, the updated birth certificate with the new name will be sent to your address, or you can collect it from the office.

How to change name on birth certificate online?

There's also a way to change your name on your birth certificate online. Some states offer their birth certificate correction services online. However, the process of changing a birth certificate is not entirely digital. 

It is quite similar in previously given steps as well. You need to collect the required documents and just fill the form online on the state's official website with the necessary details. And then you need to submit the documents physically.

So, you can simply check if your state is offering birth certificate correction services online and follow their specific procedure and forms to make corrections to your birth certificate.

Variations in the Process Across Different States

The process of knowing how to change name on birth certificate online can vary from one state to another. So, you need to read and follow the given guidelines carefully before applying online. 

It's highly recommended to visit your specific region's official website to find the birth certificate correction service online. Here are some states that are offering online birth certification. 

Please find the corresponding website related to your state:

Special Cases and Considerations

Here are some special cases and considerations for changing the name on a birth certificate:

1. For Adopted Children

Whenever parents adopt a child then changing the child's name on the birth certificate is a mandatory process which reflects the child's new identity in their family. Adoption is a legal process that requires an order from a court and also gives authorization to change names. That order will be submitted to the nearby Municipal Authority to issue a new birth certificate with the new name given by the adoptive parents.

People Also Read: Child Adoption Process In India

2. For Gender Reassignment

When an individual goes for a gender reassignment surgery then they also need to change their name and gender on their birth certificate as a legal document. To change a birth certificate name and gender, a medical certificate from the treating doctor and a legal affidavit are required to submit the Municipal Authority and get a new birth certificate.

3. After Divorce

Another most common case is when a woman decides to change name on birth certificate i.e, after the divorce. A divorce decree and affidavit are required to change the name legally on birth certificate by the Municipal Authority.

4. For Religious Conversion

Some individuals want to adopt a new religion because of their personal preferences. And changing religion also has a requirement for changing names on birth certificates. To change the name of the birth certificate, an individual required a certificate from a religious body and an affidavit and submitted it to the Municipal Authority for getting the new name.

5. Late Registration of Birth

Sometimes parents are unable to register a birth certificate within the standard timeframe and then it counts as late registration. It required approval from the municipal authority to issue a birth certificate with the right name.

Frequently Asked Questions (FAQs)

Q. How long does the name change process typically take?

In India, the name-changing process for birth certificates usually takes around a month. However, it also depends on other factors, including accurate document information, notarized affidavits, the right newspaper advertisement, and court approval.

Q. How to change the father's name on birth certificate?

The process of changing the father's name on the birth certificate is similar to the process of changing one's own name on the birth certificate. Maybe some extra documents and legal procedures will increase.

Q. Is it mandatory to publish the name change in a newspaper and its cost?

Yes, it is mandatory to publish the name change advertisement in at least two newspapers, i.e., one in the local language and one in English. The main purpose behind publishing the name change advertisement is to obtain proof that the new name is publicly announced, prevent any fraudulent activities, and ensure transparency. The cost of publishing name change advertisements ranges between ₹500 to ₹2,000.

Q. Can the name change process be completed online?

Yes, some states in India are offering a complete online name changing process. You can visit your state's official website to know if they are offering name change service online.

Q. Do I need a court order to change my name on my birth certificate?

Yes, changing names is a legal process and requires approval from the Municipal Corporation or the Gram Panchayat to obtain a new certificate with updated details.

Q. Where can I obtain the application form for a name change?

You can visit the Municipal Authority or Gram Panchayat to obtain the application form.

Q. Are there differences in the name change process across different states?

Yes, the different states have different name change processes. Each has its own set of rules, instructions, and document requirements to follow. So, you should check your state procedure and follow it carefully.

Q. How can I track the status of my online name change application?

Once you've applied for the change name online then you'll get an application reference number for tracking status. You can visit the official website to track the status.

Q. Do I need a lawyer?

Hiring a lawyer is mostly recommended for handling all these complex legal operations. Because not everyone is well-known for their legalities and procedures, a lawyer can help make the entire process of changing names easier and hassle-free.

About The Author:

Adv. Sagar Mahajan is a dedicated lawyer practicing at the District and Sessions Court in Bhusawal, with 8 years of experience in the legal profession. Following in the footsteps of his father, a well-respected lawyer in civil and criminal law, Sagar is currently pursuing a PhD in Law at North Maharashtra University, Jalgaon. He has successfully handled a diverse array of cases, including matrimonial disputes, civil and consumer cases, criminal cases, and motor accident claims. Additionally, he excels in non-litigation work, such as drafting contracts, tenancy agreements, and more. With a modern office and an experienced team, he prioritizes honesty and quality in his practice, extending his services to various courts across Maharashtra.