The Calcutta High Court has directed the municipal authorities to issue an addendum to a minor child's birth certificate incorporating the name of his stepfather and altering the child's surname, holding that such alteration was necessary in the “best interest of the minor child”.

Justice Raja Basu Chowdhury passed the order while dealing with a mother's plea seeking alteration of her minor son's surname and the name of his biological father in the birth records.

The Court noted that society has moved forward and that “in today's world it is no longer necessary to retain the name of the biological father in the register” or for a single mother to bring up a child.

The Court, however, directed that the alteration would remain subject to the child's right to exercise his own choice upon attaining majority.

The petitioner stated that she had married Subhankar Karmakar on April 25, 2012 and a male child was born from the marriage.

The marriage was subsequently dissolved by a decree of divorce under Section 13B of the Hindu Marriage Act, 1955, passed by the District Judge, Hooghly, on October 8, 2021.

The petitioner thereafter married Rajesh Ghosh on March 6, 2022. The marriage was duly registered before the Registrar General of Marriages.

According to the petitioner, the minor child has since been residing with her and her present husband and is being brought up as the son of her present husband.

She submitted that she and her present husband were jointly taking care of the child, while the biological father had allegedly absolved himself of his responsibilities.

The petitioner contended that retaining the biological father's name in the birth certificate was having a psychological impact on the child and sought issuance of a fresh certificate reflecting the child's present surname and the name of his stepfather.

The High Court noted that the matter had initially come before it in September 2025 and that service upon the biological father had subsequently been completed through newspaper publication.

On July 22, 2026, the Court permitted the petitioner to place on record the marriage certificate relating to her marriage with Rajesh Ghosh.

The Court also directed that the matter be placed in chambers for interaction with the child.

Pursuant to that direction, Justice Basu Chowdhury interacted with the minor child and the parents in chambers in the presence of the advocates representing the parties.

The marriage certificate of the petitioner and her present husband was also placed before the Court through a supplementary affidavit.

Considering the circumstances, the Court held that the petitioner was entitled to seek alteration of the child's birth certificate.

Justice Basu Chowdhury referred to the Supreme Court's judgment in Akella Lalitha v. Konda Hanumantha Rao, 2022 SCC OnLine SC 928, and Section 15 of the Registration of Births and Deaths Act, 1969, which provides for correction of entries in the register of births and deaths.

The Court observed: “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.”

In the peculiar facts of the case, the Court concluded that alteration of the records was necessary for the best interest of the minor child.

The Court, however, noted that the child was presently a minor and could have an independent opinion after attaining majority.

The Court consequently directed the municipal authorities to issue an addendum to the existing birth certificate incorporating the name of the child's stepfather.

The authorities were also directed to make the consequential alteration in the child's surname.

Importantly, the Court directed that the alteration would be subject to the minor child's option upon attaining majority.

The new certificate must also contain particulars of the earlier birth certificate, including its serial number and date of issuance.

The writ petition was accordingly disposed of with the above directions.

Case Title: Smt. Barnali Ghosh (Karmakar) v. State of West Bengal & Ors.

Case No.: WPA 21054 of 2025

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