3 min readKolkataJun 9, 2025 06:23 PM IST
First published on: Jun 9, 2025 at 06:23 PM IST
In Bengal, a 15-year-old’s parents had separated the year he was born, 2010, and their marriage was dissolved by a civil court decree in September 2016. The only link he had to his biological father was his surname.
In March 2020, his single mother remarried, and the child was subsequently cared for by both his mother and stepfather. As the biological father had no contact with the child and had been living abroad, the mother sought to change the child’s surname to that of his stepfather.
The mother and her second husband filed a writ petition seeking a direction to the Kolkata Municipal Corporation to change the child’s surname, replace the father’s name on the birth certificate, and amend the mother’s surname on it.
Significantly, the biological father’s counsel informed the court that he had no objection to these requests — but the Kolkata Municipal Corporation opposed them.
Referring to Section 15 of the Registration of Births and Deaths Act, 1969, and Sections 454 and 455 of the Kolkata Municipal Corporation Act, 1980, the Corporation argued that it “lacks the authority” to alter names in the birth record.
The KMC’s counsel submitted that these statutory provisions allow only for the correction of clerical or factual errors.
The counsel maintained that in cases of adoption, a “separate register is maintained”, and changes “can only be made upon submission of a valid adoption order from a competent court”.
In this case, on May 16 this year, the court found that the biological mother had the right to seek alteration of the child’s name under Section 454 of the Kolkata Municipal Corporation Act, 1980, especially as the biological father did not object to the relief sought.
Although the court declined to grant the prayer for changing the father’s name on the birth certificate, it allowed the surname change. The order stated, “I am not inclined to grant the prayer for changing the father’s name in the birth certificate in the absence of a valid adoption order. In my view, such a change can only be considered upon the legal adoption of the minor by (the stepfather).”
Justice Kaushik Chanda of the Calcutta High Court observed, “A plain reading of Section 454 makes it evident that the Corporation has the authority to alter a child’s name… In my considered view, the term ‘name’ under Section 454 includes both the given name and the surname. Therefore, the provision enables the Corporation to amend the child’s full name, including the surname, provided that the application is submitted within 60 months from the date of registration.”
The court noted, “However, I am also of the view that the 60-month period, while statutorily prescribed, should not be treated as an absolute bar. Courts may, in appropriate cases, interpret this time frame flexibly, particularly where delays occur due to circumstances beyond the control of the applicant. If, for instance, a parent or guardian provides a valid explanation for the delay, the court may permit the change even after the 60-month period has lapsed.”
The court said that the mother is at “liberty” to make an application before the Kolkata Municipal Corporation for changing her surname and the surname of the minor child to in Corporation records, “supported by appropriate documentation evidencing her second marriage.”
Although the court declined to grant the prayer for changing the father’s name on the birth certificate, it allowed the surname change. (File image) 
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