Know The Law
How To Change Surname After Marriage?

3.1. Process of Changing Surname After Marriage
3.2. Step 1 - Notarized Affidavit
3.3. Step 2 - Publish A Newspaper Advertisement
3.4. Step 3 - Gazette Notification
3.5. Step 4 - Update Name On Official Documents
3.6. Documents Required For Surname Change After Marriage
4. Disadvantages Of Not Changing Surname After Marriage In India4.1. Banking And Financial Transactions
5. What to Do If You Are Facing Challenges While Changing Your Surname After Marriage 6. Conclusion 7. FAQ7.1. Q1. Which documents need to be changed after marriage?
7.2. Q2. What happens if I don't change my surname after marriage?
7.3. Q3. Can I change my surname without a marriage certificate?
Deciding on your surname after tying the knot can spark many questions, especially when traditional norms clash with modern choices. In India, while it is not legally mandatory for women to adopt their husband’s surname, the tradition often influences personal decisions. This guide is designed for those wondering how to change surname after marriage, offering an in-depth look at the legal considerations, step-by-step process, and practical tips to navigate the transition smoothly. Whether you plan to keep your maiden name or opt for a change, our comprehensive outline—from drafting a notarized affidavit and publishing newspaper advertisements to securing a Gazette notification—provides all the essential information to help you make an informed decision.
Is Changing Surname After Marriage Mandatory?
No, it is not mandatory to change the surname of an individual after marriage in our country. It has been a tradition in India that women are expected to change their surname after they get married. However, many modern women are defying this age-old tradition and are choosing to keep their maiden names after getting married to partners of their choice. The only benefit one receives after getting married is that it becomes easy for them to register properties.
Legal Considerations For Changing Surname After Marriage
There does exist a few legal considerations if you wish to change your name. In our country, India, there is no specific legislation governing surname changes after marriage. Some states have provisions for the same, such as the Goa Change of Name and Surname Act, 1990. As per Article 21 (Right to Life & Personal Liberty) of the Indian Constitution, it is the personal right of an individual whether they wish to change their names or not after getting married.
Step-by-Step Process To Change Surname After Marriage
The process of changing your surname after marriage involves several steps. We are sharing the step-by-step outline with you.
Process of Changing Surname After Marriage
Go through the following steps to change your surname after marriage:
Step 1 - Notarized Affidavit
Draft an affidavit that declares your marriage jointly with your husband. It should mention your important details such as maiden name, name change you wish to adopt, and other details as asked. Print this affidavit on a stamp paper of Rs 10. It should be signed by you and your husband. Attach documents such as passport-size photographs of you and your husband. Get the affidavit legally notarized.
Step 2 - Publish A Newspaper Advertisement
Publish your advertisement about you changing your name in two local newspapers, one in English and the other one in a regional language.
Step 3 - Gazette Notification
Submit a request to the gazette department requesting for your surname change by attaching documents such as address proof and marriage certificate via registered post. The Gazette Office may send Gazette Notification to your address within 15-20 (approx.) working days. The notification is useful for serving as name change proof.
Step 4 - Update Name On Official Documents
Once you are done with previous steps, make sure to update relevant documents post-marriage. Such documents are driving license, bank accounts, passport, Aadhar Card, PAN card, etc.
Documents Required For Surname Change After Marriage
The document you may need to change surname after marriage in India:
- Certificate of Marriage
- Address Proof (Aadhar Card, Voter ID, Driving License, etc.)
- Photographs of passport-size
- Affidavit for name change.
- Gazette Notification form
Also Read : Documents Checklist for Name Change in India
Disadvantages Of Not Changing Surname After Marriage In India
A person is not obligated to change surname after marriage in India. However, they may face following practical disadvantages:
Banking And Financial Transactions
If you wish to open a joint bank account with your spouse, you might have to undergo minor inconveniences. Different names on bank accounts and other financial documents might lead to a few complications.
Potential Confusion
If you have different names on official documents, it can cause confusion along with delay in official transactions. For example, if your passport and travel ticket have different names, it might cause issues while travelling internationally.
Social Perception
India is a country with diverse traditions. In many societies, it is still frown upon married women not changing surnames and keeping their maiden surnames. So, at times, your decision of not changing surname after marriage can be questioned by the society.
Also Read : What Is Gazette Notification For Name Change
What to Do If You Are Facing Challenges While Changing Your Surname After Marriage
If you are facing difficulties during the surname changing process, go through the following:
- Maintain a copy of all documents and correspondence with government authorities regarding the change of surname.
- Consult an Advocate who is an expert in family matters for guidance.
- Get in touch with relevant authorities for assistance and clarification.
Conclusion
In conclusion, knowing how to change surname after marriage empowers you to make an informed decision that suits your personal and legal needs. By following the outlined steps—from preparing a notarized affidavit and publishing newspaper advertisements to securing a Gazette notification and updating your official documents—you can navigate the process smoothly. While changing your surname is not legally required in India, this comprehensive guide ensures that if you decide to make the change, you are fully prepared to overcome any potential challenges.
Disclaimer: The information in this article is for educational purposes only and should not be considered legal advice. Please consult a qualified attorney for specific legal concerns.
FAQ
A few FAQs on how to change surname after marriage are:
Q1. Which documents need to be changed after marriage?
If you have changed your name after marriage, then you need to update your important documents such as Aadhar Card, bank accounts, driver’s license, insurance policies, PAN card, passport, etc.
Q2. What happens if I don't change my surname after marriage?
There is no legal compulsion for a person to change their surnames after marriages. You have all right to go with your maiden marriage after getting married.
Q3. Can I change my surname without a marriage certificate?
Yes, you can change your surname without a marriage certificate. You just need to follow the standard procedure as per laws applicable in your state and present a valid affidavit for the same whenever asked.
Q4. How much does it cost to change surname in India?
The approximate cost for changing names in our country India is Rs 3000 approximately (may vary depending on particular circumstances). It covers the costs of affidavit, notary charges, newspaper, gazette newspaper and other documents based on relevant state laws.
Q5. Can I change my married surname?
Yes, it is possible for you to change your married surname. You just need to go by the standard procedure for name change. It includes an affidavit, an advertisement in a newspaper along with a gazette notification.