The High Court of Karnataka has directed the Registrar of Births and Deaths to change the name of a five-year-old child as sought by her adoptive parents in the birth certificate issued earlier, based on her name given by her biological family.
While cautioning the authorities of imposing a heavy cost if they failed to comply with its direction within four weeks, the court said that all authorities, including educational institutions, should accept the corrected certificate without raising any issue on the change of name.
Justice Krishna S. Dixit passed the order on a joint petition filed by the adoptive parents and their daughter.
Refusing to accept the government’s submission that change of name could not be made in the birth certificate, the court said that had the request for alteration of date of birth was made, the court could have accepted the government’s contention as several consequences followed such an alteration.
Since it was in the context of adoption that the child was rechristened, the change of name, as sought for, ought to have been made in view of the filing of a sworn affidavit by the adoptive parents even in the absence of a prescribed form to make such a change.
No bar in law
The court also agreed with the contention made by the advocate for the adoptive parents that there was no prohibition in the Hindu Adoptions and Maintenance Act, 1956, or the Rules for changing the entries relating to the name.
“Our names are an incredibly important part of our identity. They carry deep personal, cultural, familial, historical and religious connections. They also give us a sense of who we are, society to which we belong, and our place in this world. ‘What is there in a name?’ is a wrong question to ask, to say the least,” the court said.
