Identity integral to child’s autonomy: Calcutta HC allows surname change

Kolkata: The Calcutta High Court has directed the Chandernagore Municipal Corporation to issue a fresh birth certificate to a 14-year-old girl, allowing the substitution of her surname from ‘Chatterjee’ to ‘Bhattacharya’, following the divorce of her parents.

The bench of Justice Gaurang Kanth passed the order in a writ petition filed by the minor through her mother and natural guardian, challenging the municipal authority’s decision to reject her request for a change of surname. The municipality had earlier declined the application citing that a change in surname is not permissible merely due to the change in marital status of the parents, as per the guidelines under Section 15 of the Registration of Births and Deaths Act, 1969.

The court noted that the petitioner was born on April 14, 2011, during the subsistence of marriage between her parents, Prasenjit Chatterjee and Kasturi Chatterjee.

The couple were granted divorce by a competent court on May 13, 2015. Since then, the minor has been residing with her mother and has adopted the surname ‘Bhattacharya’ in various documents such as AADHAR card and passport. However, her birth certificate and school records continued to reflect her earlier surname ‘Chatterjee’.

Taking into account the petitioner’s plea for consistent identity across all documents and her “emotional discomfort” in retaining her biological father’s surname, the court held that the identity of a child is an integral part of personal development and autonomy. It cited a coordinate bench decision where a similar plea was allowed keeping in view the best interest and welfare of the child.

The court observed: “Law cannot be so rigid so as not to take within its fold the changing need of time... Every individual has the right to live with dignity and honour.”

While allowing the surname change, the court clarified that the removal of the father’s surname from the birth certificate would not affect his legal status as the natural guardian nor extinguish the minor’s inheritance or succession rights.

The municipal corporation has been directed to issue the revised birth certificate within four weeks from the date of communication of the order.