After deliberation,Kendriya Vidyalaya Sangathan says consent of biological father if alive must.
A woman from Madhya Pradesh wanted to change her sons parentage in school records after she re-married. Only,she didnt realise it would take discussions over several months,a full deliberation at Kendriya Vidyalaya Sangathan in Delhi and consultations with legal experts before the issue was decided.
The decision was not in her favour.
The Sangathan,ruling on the first such request from the parent of a Kendriya Vidyalaya student,has maintained that a childs parentage cant be changed without his biological fathers consent as long as he is alive.
The request for changing the fathers name in school records was made by a parent whose child was enrolled in a Kendriya Vidyalaya in Madhya Pradesh. There was no consent,however,from his biological father for this change. Since the Kendriya Vidyalaya and the state KV management could not arrive at a resolution,the matter was brought to the notice of the Kendriya Vidyalaya headquarters. We took legal advice and finally issued a circular, Chandana Mandal,deputy commissioner of the Sangathan,which runs more than a thousand KVs across India,told The Indian Express.
The circular,issued earlier this year,stated that under law the biological fathers name cant be changed till such time the said father allows or gives away the child in adoption under adoption laws.
The biological mother cant unilaterally allow her child to take the name of a person whom she will marry or has married. Under these circumstances,it is not legally permissible to change the name of the biological father, the circular said.
It,however,clarified that in case of a mother whose husband has died,the rule position is that before she marries again,she is permitted to change the name of her child. This is permissible in law. However,she is not allowed to change the name of the child while the father is alive and without his consent.