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Our birth certificate is basically a certified document that we need to obtain. Not only does it prove our age, it also proves our identity, citizenship, and location of birth. A birth certificate is also required to obtain different legal documents including passports and is also used as a form of ID when being hired for a new job, are enrolled in school, or signed up for any military division.
Unfortunately, it's very common to see a spelling error or other kinds of mistakes on your birth certificate. In these cases, it’s imperative to modify or change the birth certificate to reflect all of the relevant details that will identify who you are.
Some other reasons to change or modify your birth certificate can include changing your birth certificate age, changing the name on the date of birth certificate, the addition of name on the birth certificate, changing mother's name on the birth certificate, etc. These are mistakes that can happen to anyone and are relatively easy to rectify. Simply contacting the vital records department that was responsible for issuing the original certificate will give you the information you need to proceed.
For more adept legal help or information about the whole birth certificate name change procedure in India, connect to us for an expert legal consultation.
To change the name on the birth certificate, get an application form from the Municipal Corporation of your city. The form will act as a new and fresh application to change the name on the birth certificate. The procedure to change the name on the birth certificate in India requires you to follow three simple steps:
Affidavit Submission: An affidavit needs to be prepared to change the name in the birth certificate. For that, you need to contact a local notary officer who will help you mention the current name and the desired new name, and may mention in brief the reason for a name change. One must make the Affidavit on a Non-Judicial Stamp Paper of minimal value. Then you submit the same to your respective District Court before a Magistrate.
Ad Publication: An announcement should be published in two newspapers -- one in the local official language and the other in English.
Gazette Notification: Get your name published in the Official Gazette of the respective state. For that, you can approach the Government Press of your respective state. Fill up the form for the same and pay the required fees. The state’s Official Gazette will publish your name change notification. They will send you the copies of the same at the address you have given.
To change the name on birth certificate online, download the online form here.
Put the correct information about your name in the form
Pay the fees along with the documents required to change the name in the birth certificate.
After submitting the application, you will get a computer-generated unique id with a target date
Then the concerned clerk does the verification. So after submitting the application form, you will need to go to the registered unit and will have to take the signatures of the officers & Registrar and then your birth certificate will be updated.
If you change your name, it is not necessary you have to change your name in your birth certificate too. Even state offices of vital records will refrain from changing the name on your birth certificate if you changed your name because of a marriage or a divorce.
However, many states will also change the name on your birth certificate because you changed your name for reasons like adoption or gender reassignment surgery. State laws differ on the procedure for changing the name on the birth certificate.
Sometimes the name change procedure involves the state departments also requiring a “Court Order”, after which they will change the name on your birth certificate. State laws also differ on the procedures and grounds for obtaining a court-ordered name change officially.
You must submit a ‘Petition’ in the office of vital records in the state where you were born so that you can pay a filing fee to amend your birth certificate. You will have to submit a certified copy of the court order along with a certified copy of your original birth certificate.
You don’t have to legally update the name in a birth certificate, even if the name isn’t the one that you go by in everyday life. However, the name on your birth certificate must match the one on your ID and your Passport. If you want to use it as legal identification. Furthermore, your certified birth certificate name is your legal name so you can use it for financial and identification reasons.
In order to change your name in your Passport, you have to file an application at the Passport Office. The passport officer of your area will consider your application. Thereafter your passport will reflect your name change successfully.
For more queries or confusion regarding the name change procedure in birth certificate in India, ask for expert legal advice from us now!
Every State differs slightly with respect to the process of changing information on the birth certificate. So pay close attention to the steps provided by the state government office. You need to pay a mandatory fee at the time of submitting the application, depending on the State rules. However, the fee is nominal.
For example, in Odisha, you will have to fill a form of 7 rupees with a matric certificate. And to do some other minor formalities. Moreover, you need to provide an affidavit from the court saying the person bearing the names is one.
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Written by: Parag Singhal
National Law University Odisha, Cuttack (4th Year)