How To Change The Name Of A Minor
While adults can change their name according to their free will, parents are required to create an affidavit in the case of a name change of a minor. This is an obstacle most parents run into because name change at a later stage may be an inevitable reality despite the initial research and brainstorming.
The reasons for the name change are varied. The causes could be astrology, numerology, the minor’s interests, inclusion or rejection of surname or change of the last name due to divorce or remarriage of parents. Hence, an affidavit is required when the minor’s name is to be changed or corrected.
Procedure for the name change affidavit for a minor
Step 1 – Drafting affidavit for minor name change
The affidavit should be drafted by including all the components required. The components of a minor’s name change affidavit include Parent’s name, age and address, Name of the spouse ( of the creator of the affidavit), Minor’s name, DOB and place of birth, Minor’s old name and new name, Reason for name change, Deponent’s signature and Date of creation of the affidavit.
Step 2 – Printing minor name change affidavit on stamp paper
The draft of minor name change affidavit should be printed on a stamp paper of recognized value. The Affidavit for Name Change of a minor should be on a stamp paper of Rs.10 or Rs. 20. The printing charges for publication of change of name is Rs. 1100/- only. The amount will have to be submitted or remitted in advance in cash or by Demand Draft/India Postal Order drawn up in favour of Controller of Publication, Department of Publication, Civil Lines, Delhi-54.
Step 3 Signatures and attestations
The affidavit requires the signature of the deponent Parent (s) creating the affidavit. The affidavit for the name change of a minor then needs attestation from a Notary Public, Oaths Commissioner or an Advocate S.E.M. Attach two passport size photographs of parents(either mother or father), whoever is giving the declaration and one of the minor son/daughter. If the case is sent by registered post, the photographs have to be attested by Gazetted officer/oath commissioner/notary public. In the case of a family living abroad, he/she will submit duly attested by the respective Indian Embassy/Indian High Commission.
Step 4 – Publication
The next step in the Name Change Procedure for minors is for the parents/guardians to get the minor’s Change of Name published in 2 Local Leading Newspapers. The affidavit is now ready and the name change is published as an advertisement. Newspapers have a special section for such advertisements.They are as follows – The Previous Name, The Current Name, Parent’s/Guardian’s names, Date of Affidavit and Name of Notary.
Important Details and Precautions for minor name change affidavit procedure and process
- It will take at least 2 months for the notification to be published by the Gazette authorities. Manual processing is one of the factors for the long duration coupled with a high backlog from all parts of the country. It is important to remember that the Gazette department is not fully computerized.
- The parents/guardians will not get any written acknowledgment from the department of publication. The parents/guardians will also not receive any communication from Gazette authorities on publication. It is the responsibility of the parents/guardians to go through the electronic copies of the gazette published on nic.in
- The parents will not receive a hard copy of the Central Gazette that is published. Soft copies of the gazette edition shall be downloaded and printed by the parents before submitting before any authority. The e-gazette website gets updated and features a new edition every Saturday.
- The parents/guardians of the minor must ensure that the affidavit or the annexure for the name change is not older than one year. If the affidavit is older than one year, it will be considered as invalid according to the Gazette.