Changing a child's name after divorce needs careful thought, especially when kids are involved. This blog is your guide, simplifying steps, discussing documents, and offering insights for name change process of minor after divorce. Whether returning to the original name, adopting a new one, or revisiting the past, it's a personal journey. Join us as we explore the legal aspects of renaming a child after divorce.
Step 1: Prepare an Undertaking/Affidavit in Original
Draft a formal statement, known as an affidavit, confirming your decision to change the name of the minor after divorce. Ensure this affidavit is in its original form and duly notarized. The denomination of affidavit should be Rs. 10 or Rs. 20.
FORMAT:
I, {Applicant Old Name} S/o or D/o {Applicant’s Father’s Name} , aged around {Age of Applicant} years, resident of {Address of Applicant} , do hereby solemnly affirm and declare as under:-
- That l am presently Citizen of India. (As Gazette of India is for Indian Citizen only)
- That my child is {Age of Child} years old
- That my child's name as per the record is {Applicant Child Old Name}
- That I have changed my child's name to {Applicant Child New Name} on {Date of Change of Name}
- I am getting a public notice published to this effect in the newspaper.
- I state that {Applicant Child Old Name} and the {Applicant Child New Name} is the name of the same person and that is my child.
I am executing this declaration to be submitted to the concerned authorities for the change of name.
I hereby state that whatever is stated herein above is true to the best of my knowledge. Solemly affirmed at {Place of Affidavit} on this {Date of Affidavit}
{Signature of Applicant}
{Name of Applicant}
VERIFICATION:
Verified on this {Date of Affidavit} that the contents of the affidavit are true and correct, nothing material, nothing material has be concealed and no part of it is false.
{Signature of Applicant}
{Name of Applicant}
Step 2: Get Affidavit Notarized
After preparing the affidavit in Step 1, make sure to get it notarized by a legal authority or a notary public. This step adds an extra layer of authenticity to your statement.
Step 3: Fill the Prescribed Performa for Public Notice
Complete the official form for the public notice, typing the old name and signing it only with the old name of the applicant. Include details of two witnesses who can confirm your identity. Prepare 2 copies of this certificate along with the application.
FORMAT:
Public Notice
CHANGE OF NAME OF MINOR AFTER DIVORCE
It is for general information that I {Applicant Name} D/o {Applicant Father Name} Ex. Wife Of {Applicant Husband Name} resident of {Applicant Address} Declare that I got divorce from my husband vide Court Decree No. {Court Decree No} Dated {Court Decree Date} . Further, I have changed the name of my minor son/daughter aged {Age of Minor} (in years) (not date of birth) and he/she shall hereafter be known {New name of Minor}.
It is certified that I have complied with other legal requirements in this connection.
{Signature of Applicant}
{Name of Applicant}
Witness No. 1
Signature: {Signature of Witness 1}
Full Name: {Full Name of Witness 1}
Address: {Address of Witness 1}
Mobile No.: {Mobile Number of Witness 1}
Witness No. 2
Signature: {Signature of Witness 2}
Full Name: {Full Name of Witness 2}
Address: {Address of Witness 2}
Mobile No.: {Mobile Number of Witness 2}
Step 4: Publish a Public Notice in a Local National Newspaper
Place an advertisement in a daily local national newspaper, either in English or Hindi. The notice should include the old name and gender of the minor, father's name, full residential address, new name, and gender. Ensure it's from the individual side, not from a lawyer, and appears in the Public Notice heading, not the Change of Name heading. Follow the prescribed format for the advertisement.
FORMAT:
Public Notice
CHANGE OF NAME OF MINOR AFTER DIVORCE
It is for general information that I {Applicant Name} D/o {Applicant Father Name} Ex. Wife Of {Applicant Husband Name} resident of {Applicant Address} Declare that I got divorce from my husband vide Court Decree No. {Court Decree No} Dated {Court Decree Date} . Further, I have changed the name of my minor son/daughter aged {Age of Minor} (in years) (not date of birth) and he/she shall hereafter be known {New name of Minor}.
It is certified that I have complied with other legal requirements in this connection.
{Signature of Applicant}
{Name of Applicant}
Witness No. 1
Signature: {Signature of Witness 1}
Full Name: {Full Name of Witness 1}
Address: {Address of Witness 1}
Mobile No.: {Mobile Number of Witness 1}
Witness No. 2
Signature: {Signature of Witness 2}
Full Name: {Full Name of Witness 2}
Address: {Address of Witness 2}
Mobile No.: {Mobile Number of Witness 2}
Step 5: Prepare a CD
Create a CD containing the prescribed format for the public notice for the change of name in MS Word, excluding the witness section.
FORMAT:
CHANGE OF NAME OF MINOR AFTER DIVORCE
It is for general information that I {Applicant Name} D/o {Applicant Father Name} Ex. Wife Of {Applicant Husband Name} resident of {Applicant Address} Declare that I got divorce from my husband vide Court Decree No. {Court Decree No} Dated {Court Decree Date} . Further, I have changed the name of my minor son/daughter aged {Age of Minor} (in years) (not date of birth) and he/she shall hereafter be known {New name of Minor}.
It is certified that I have complied with other legal requirements in this connection.
{Old Name of Applicant}
Step 6: Provide a Certificate Signed by the Applicant
Include a certificate, signed using the old name, stating that the contents of the hard copies and the digital copy are identical.
FORMAT:
I {Applicant Name} S/o / D/o / Transgender of {Applicant Father Name} R/o {Applicant Address}, declares that
- The matter in CD and hardcopy are same and i am responsible for any mismatch.
- I am responsible for the quality of CD.
- That the above statements are true and correct.
{Signature of Applicant}
{Name of Applicant}
Step 7: Submit Two Recent Self-Attested Photographs of the Applicant
Attach two recent self-attested photographs of the applicant.
Step 8: Submit Two Recent Self-Attested Photographs of the Minor
Attach two recent self-attested photographs of the minor.
Step 9: Include Self-Attested Copy of Photo ID Proof of Applicant
Submit a self-attested copy of the photo ID proof of the applicant, such as Aadhar Card, Voter ID Card, or Passport.
Step 10: Include Self-Attested Copy of Photo ID Proof of Minor
Submit a self-attested copy of the photo ID proof of the minor, i.e., Aadhar Card, duly signed by the guardian.
Step 11: Provide ID Proof for Witnesses
Include self-attested photocopies of the ID proof for the witnesses, such as Aadhar card, Voter ID card, or Passport.
Step 13: Include Divorce Deed and Divorce Decree
Attach the divorce deed and divorce decree issued by the court as proof of the divorce.
Step 14: Attach Birth Certificate of the Minor
Submit the birth certificate of the minor.
Step 15: Fee Payment
Check with the Department of Publication for the applicable fee and payment instructions. Pay the required fee on https://bharatkosh.gov.in/.
Click here to Know the costs associated in name change process
Step 16: Write a Request Letter
Draft a letter addressed to the Controller of Publication, Department of Publication, with your contact details (telephone number and email). Submit this letter along with all above documents in hardcopy with CD.
FORMAT:
To
The Controller of Publications,
Department on Publications,
Civil lines, Delhi- 110054
Subject: Request for change of Name of my Minor
Sir/ Ma'am,
I wish to change my name of my minor Son/Daughter from {Applicant Child Old Name} to {Applicant Child New Name}. Kindly note the same in Gazette of India (Part-IV). i have completed all the formalities in all respect. All the required documents and CD are attached with this letter.
Thanking you,
Yours Faithfully
{Signature of the Applicant}
Name of the Applicant. : {Applicant New Name}
Address of the Applicant. : {Address of Applicant}
Mobile Number of Applicant : {Mobile number of Applicant}
E-mail ID of Applicant : {Email Id of Applicant}
Date of Submission to the department : {Date of Submission}
Step 17: Courier Instructions
Courier all the aforementioned documents, including the original CD, to the Controller of Publication, Department of Publication, Civil Lines, Delhi-110054, behind Old Vidhan Sabha, near Vidhan Sabha Metro Station. Once the verification is complete, you will receive your name change certificate (Gazette Notification) within 40-50 days.
Frequently Asked Questions
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