Changing the name after adoption in India necessitates some legal steps to ensure that the new name is officially recognised. This step is critical for coordinating personal documents and creating the adoptee’s new identity. Below is a step-by-step process for name change after adoption in India.
Understanding the Need for a Name Change After Adoption
There are various reasons for name changes in India, among those reasons adoption is an important reason. Adoption frequently results in a new identity, including a change of name for the adopted kid. This may be related to the adopted family’s surname, cultural importance, or personal preferences. A legal name change assures consistency on all official papers, including birth certificates, school records, and identification cards.
Steps for Legal Name Change After Adoption
These are the steps to be followed for name change after adoption in India.
Step 1: Obtain the adoption order.
- The adoption process begins with a court order issued by a competent authority under the Juvenile Justice (Care and Protection of Children) Act, 2015 or the Hindu Adoption and Maintenance Act of 1956. This adoption order is the basic document required to begin the name change procedure.
- Ensure that the order explicitly states legal guardianship and the updated parental information.
- Keep duplicate copies of the order for future use.
Step 2: Prepare an Affidavit for Name Change.
The next step is to create an affidavit certifying the new name. This document should contain:
- The child’s old name.
- The new name following adoption.
- Details about the adoptive parents, including names and addresses.
- The reason behind the name change.
This affidavit must be notarized by a public notary to be considered authentic.
Step 3: Publish the name change in newspapers.
- After completing the affidavit, you must advertise the name change in two newspapers.
- A local newspaper, where the adopted parents live.
- A national newspaper to gain larger awareness.
- The advertisement must include the adopted individual’s old name.
- The new name.
- The reason behind the name change.
- Contact information of the adoptive parents.
Step 4: Gazette Notification.
- The name change must be published in the Official Gazette of India as per legal requirements. To alter your name, apply to the Department of Publication in Delhi or your state’s gazette office.
- Attaching the affidavit, newspaper publishing, and adoption order.
Documents Required for Legally Changing Name After Adoption
- Adoption order issued by the competent authority.
- Affidavit for name change.
- Copies of advertisements published in newspapers.
- Application for gazette notification.
- ID proofs of both child and parents.
- Photographs
Update Personal Documents
After the name change is legally recognised, it is essential to align all personal documents. This may include:
- Birth Certificate: Bring your adoption and name change documentation to the municipal corporation or the registrar of births.
- Aadhaar Card and PAN Card: Submit updated paperwork to the appropriate government authorities.
- School and college records: Provide educational institutions with proof of your name change.
- Passport: Request a reissue of the passport with the altered name.
Additional Points to Consider
- Legal Support: If you encounter problems while changing your name, consult a lawyer or contact us.
- Accuracy: To avoid rejection or future issues, ensure that all details in the affidavit, advertising, and paperwork are correct.
- Keep copies of all papers for personal records and future use.
Conclusion
Changing a name after adoption in India is a formal legal process that guarantees the new identity is officially recognised. Each step, from getting the adoption order to updating personal records, is required to establish the adopted individual’s new name legally. While the procedure may appear lengthy, it is necessary to synchronise legal, social, and personal data with the new identity. Taxxinn can guide you through the entire legal name change process after adoption in India.
Related Reads,
Legally Change Your Surname After Marriage.
Apply for Name Change in Passport in India.
Birth Certificate Name Change or Correction.
FAQ’s
Is it mandatory to change a child’s name after adoption?
No, it is not mandatory to change the child’s name after adoption. However, many adoptive parents choose to do so for personal, cultural, or legal reasons, such as aligning the child’s surname with the adoptive family.
Can I just alter my surname, or do I also need to change my full name?
You can change the surname, first name, or complete name of the adopted child. Regardless of how much change occurs, the method remains the same.
Is it required to publish the name change in a newspaper?
Yes, publishing the name change in two newspapers (one local and one national) is a legal requirement. It serves as public notification of the name change.
What is the role of the Gazette notification in the name change process?
The Gazette notification makes the name change legally official and is often required for updating government documents like Aadhaar, PAN, and passports.
Can I update all personal documents immediately after the Gazette notification?
Yes, once the Gazette notification is published, you can use it as proof to update official documents like birth certificates, Aadhaar cards, school records, and passports.
Can adults adopted later in life also change their name?
Yes, adults adopted later in life can change their name through the same legal process, provided they have a valid adoption order and follow the required steps.
Is the name change process different for international adoptions?
For international adoptions, the process may involve additional steps, such as aligning the name change with the laws of the adoptive country and completing the legal adoption process in India.
What happens if there are errors in the Gazette notification?
In case of errors, you can contact the Gazette office and request a correction. It may involve submitting a fresh application and paying additional fees.