The Calcutta High Court has directed municipal authorities to issue an addendum to a minor child’s birth certificate incorporating the name of his stepfather and altering his surname, observing that society has moved forward and it is no longer necessary to rigidly retain the biological father’s name in official records when doing so serves the best interest of the child. Delivering the oral judgment, Justice Raja Basu Chowdhury held that a mother is entitled to seek alterations in her minor son’s birth certificate under the statutory framework when the biological father has absolved himself of all parental responsibilities.
Background of the Case
The petitioner was married on April 25, 2012, and a male child was born out of the wedlock. The marital ties between the petitioner and her erstwhile husband were subsequently dissolved through a decree of divorce by mutual consent passed under Section 13B of the Hindu Marriage Act, 1955, by the Court of the District Judge, Hooghly, on October 8, 2021.
Following the divorce, the petitioner entered into a subsequent marriage on March 6, 2022, which was registered with the office of the Registrar General of Marriages. Thereafter, the petitioner affirmed an affidavit before the Executive Magistrate, Hooghly, and submitted an application on July 22, 2022, before the municipal authorities seeking alteration of her minor son’s surname and father’s name in the birth records, praying for the issuance of a fresh birth certificate reflecting her present surname and the name of the stepfather.
When the municipal authorities did not accede to the prayer, the petitioner approached the High Court through a constitutional writ petition.
Submissions and Arguments
Learned counsel appearing for the petitioner submitted that the minor child has been continuously residing with the petitioner in her present matrimonial home and is growing up as the son of her present husband, with both parents jointly taking care of the child.
It was further contended that the biological father (respondent no. 6) had absolved himself of all responsibilities. In ordinary course, the continuation of the biological father’s name in the birth certificate was exerting an adverse psychological impact on the growing child.
Proceedings and Chamber Interaction
The High Court initially took up the writ petition on September 26, 2025, and subsequently adjourned the matter to enable the petitioner to effect substitute service on the biological father through paper publication, which was completed on July 22, 2026.
By an order dated July 22, 2026, the Court granted leave to place the subsequent marriage certificate on record via a supplementary affidavit and directed the matter to be placed in Chamber. Justice Raja Basu Chowdhury personally interacted with the minor child and the parents in Chamber in the presence of the learned advocates representing the parties to assess the circumstances.
Court’s Analysis and Observations
Examining the statutory provisions and relevant precedents, the Court referred to Section 15 of the Registration of Births and Deaths Act, 1969, which provides for the correction of entries in the register of births and deaths. The Court also relied upon the principles laid down by the Supreme Court of India in Akella Lalitha vs. Konda Hanumantha Rao (2022 SCC Online SC 928) regarding the rights of a mother to decide on the surname and parentage identity of the child.
Justice Raja Basu Chowdhury observed:
“Having heard the learned advocates appearing for the respective parties and taking into consideration the request made by the petitioner and noting that the society has moved forward and in today’s world it is no longer necessary to retain the name of the biological father in the register or for that matter for a single parent to bring up a child and for the single mother to decide on the surname of the minor child as has been recognized in the judgment delivered by the Hon’ble Supreme Court in the case of Akella Lalitha vs. Konda Hanumantha Rao report in 2022 SCC Online SC 928 and also noting Section 15 of the Registration of Births and Deaths Act, 1969, do provide for correction of entry in the register of births and deaths, I am of the view that in the peculiar facts of the case, the petitioner is entitled to seek alteration in the birth certificate of her minor son already issued by the municipal authorities. Such alternation of records, in my view, is necessary for best interest of the minor child.”
The Court further noted that while the alteration is necessary for the child’s present welfare, the child is currently a minor and may form an independent opinion upon growing up and attaining majority.
Decision of the Court
Disposing of the writ petition, the High Court issued the following directions:
- The municipal authorities shall issue an addendum to the previously issued birth certificate incorporating the name of the stepfather of the minor child.
- Consequential alterations shall be made to the surname of the child while issuing the addendum.
- The addendum must incorporate the particulars of the previous certificate, including its serial number and date of issuance.
- The issuance of the altered certificate shall remain subject to the exercise of option by the minor child when he attains the age of majority.
Case Title: Smt. Barnali Ghosh (Karmakar) vs The State of West Bengal & Ors.
Case No.: WPA 21054 of 2025
Bench: Justice Raja Basu Chowdhury
Date: August 18, 2026
