Archive · 9 Jun 2025
Calcutta High Court Allows Surname Change for 15-Year-Old
A 15-year-old boy's mom remarried after his parents divorced.
Because the boy's dad wasn't involved, his mom wanted him to have his stepfather's last name.
The court agreed the boy could change his last name, but said his dad's name couldn't be removed from his birth certificate unless legally adopted by the stepfather.
The court said the city of Kolkata has the power to change names, as long as the application is made within 60 months of the birth record, though the court can interpret this time frame flexibly.
The Calcutta High Court allowed a 15-year-old to change his surname to his stepfather's.
The child's parents had separated, and the mother remarried.
The biological father did not object to the surname change.
The court cited Section 454 of the Kolkata Municipal Corporation Act, 1980.
The court declined to change the biological father's name on the birth certificate.
- Who
- Calcutta High Court, a 15-year-old child, his mother, and stepfather.
- What
- The Calcutta High Court ruled that a 15-year-old can change his surname to his stepfather's, but denied changing the father's name on the birth certificate.
- When
- May 16th, 2024.
- Where
- Calcutta High Court, Kolkata.
- Why
- The mother sought to change her son's surname to that of his stepfather after remarriage and the biological father's absence.
Calcutta High Court
Kolkata Municipal Corporation
Authority to Change Names
Calcutta High Court
The Court found that the mother could seek a name change under Section 454 of the Kolkata Municipal Corporation Act, 1980, especially since the biological father didn't object.
Kolkata Municipal Corporation
The Kolkata Municipal Corporation argued it lacked the authority to alter names in birth records, citing Section 15 of the Registration of Births and Deaths Act, 1969, and Sections 454 and 455 of the Kolkata Municipal Corporation Act, 1980. They stated that these provisions only allow for correction of clerical or factual errors.
- Court
- Calcutta High Court
- Age of Child
- 15 years old
- Relevant Act
- Kolkata Municipal Corporation Act, 1980
- Key Ruling
- Allowed surname change
- Reason for Change
- Mother's remarriage