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Anonymous
in Family Law Civil Law
Asked August 24, 2017

How to remove father's name from child's birth certifcate

  • 1 Answer
  • 196 Views

Hi, I am an unwed mother. But when we applied for birth certificate, the people in the office insisted me to give father's name for birth certificate of my daughter. I want to remove his name. If anyone can let me know the process, I will be very thankful.

Answer 1

 

 

 

Dear Sir/madam,

There has always been a concept of Single Parent and the law also recognises it. It is aslo reflected in the Hon’ble Supreme Court’s judgement of ABC vs. State (NCT of Delhi) that no one can force or compel you or make it mandatory for you to put forth the name of the father of your child in any certificate whatsoever. An affidavit mentioning that you are a single parent and the mother of the child etc. will suffice in your favour. Since affidavit is a sworn in testimony of self, it is acceptable.

You can very well take a print out of the judgement and show it to the concerned authority asking you to furnish information about the father. You can further move an application to change the name – stating the reason behind doing so. If they are still not satisfied then you will have to get a court order in your favour to undo the name mentioned in the certificate. A writ in the High Court can be preferred under Article 226 of the Constitution of India.

Agree Comment 0 Agrees over 3 years ago

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