Calcutta High Court Allows Step-Father's Name in Child's Birth Certificate, Cites Best Interest

Kolkata: The Calcutta High Court has directed municipal authorities to issue an addendum to a minor child's birth certificate, incorporating the surname and name of the child's step-father in place of his biological father, holding that it is no longer necessary in today's world to retain the biological father's name on the register where doing so is not in the best interest of the child.

Justice Raja Basu Chowdhury was hearing WPA 21054 of 2025, filed by the petitioner-mother seeking a direction upon the municipal authorities to issue a fresh birth certificate for her son, altering his surname and replacing the name of his biological father with that of her present husband.

The petitioner had married on 25 April 2012, out of which wedlock the child was born, and that marriage was later dissolved by a decree of divorce under Section 13B of the Hindu Marriage Act, 1955, passed by the District Judge, Hooghly, on 8 October 2021. The petitioner subsequently married another person on 6 March 2022, a marriage duly registered with the office of the Registrar General of Marriages. She contended that the child, who continued to reside with her and was being jointly raised by her and her present husband, was suffering psychological impact from the biological father's name appearing on his birth certificate, particularly since the biological father had absolved himself of all responsibility toward the child. When the municipality declined her request, she approached the High Court.

During the proceedings, after service could not initially be effected on the biological father and was eventually completed through paper publication, the court permitted the petitioner to disclose her marriage certificate with her present husband and directed that the matter be placed in Chamber for an interaction with the minor child. Pursuant to this direction, the court interacted with the child and both parents in Chamber, in the presence of counsel for the parties.

Allowing the petition, the court held:

“...the society has moved forward and in today's world it is no longer necessary to retain the name of the biological father in the register or for that matter for a single parent to bring up a child and for the single mother to decide on the surname of the minor child as has been recognized in the judgment delivered by the Hon'ble Supreme Court in the case of Akella Lalitha vs. Konda Hanumantha Rao... and also noting Section 15 of the Registration of Births and Deaths Act, 1969, do provide for correction of entry in the register of births and deaths, I am of the view that in the peculiar facts of the case, the petitioner is entitled to seek alteration in the birth certificate of her minor son.”

The court clarified that such alteration was necessary in the best interest of the minor child, while also noting that the child, upon attaining majority, may hold an independent opinion on the matter. Accordingly, the municipal authorities were directed to issue an addendum to the existing birth certificate incorporating the name of the step-father and the corresponding change of surname, with the addendum bearing the particulars of the earlier certificate, including its serial number and date of issuance. The court clarified that the issuance of the fresh certificate would remain subject to the child's own option upon attaining majority.

The writ petition was accordingly disposed of in these terms.

Appearances:

For the Petitioner: Mr. Harisankar Chattopadhyay, Mr. Asutosh Pandey and Mr. Banku Pal, Advocates.

For the State: Mr. Sovan Mukherjee and Mr. Palash Bapari, Advocates.

For the Municipality: Mr. Subhasis Bandopadhyay, Advocate.

Case Title: Smt. Barnali Ghosh (Karmakar) vs. The State of West Bengal & Ors., WPA 21054 of 2025