According to Indian law, is it necessary that a child must have his/her Father’s surname?

From the moment of birth, every child has the surname of his or her father. There hasn’t been much debate in the past about having the freedom to use the surname of one’s mother as well.

However, as people’s mindsets shift and people begin to view patriarchy differently, this topic has come up in recent occurrences.

According to the best lawyer in Delhi, there is no rule in Indian constitution that requires a child to use solely his or her father’s surname.

Because a child is not his or her father’s property, a father does not have the right to give his child just his surname.

A plea was filed in the Delhi high court by a man who wanted his daughter’s name to be solely his surname and not anybody else’s.

Due to various disagreements, a couple separated after their marriage. They had a daughter who lived with her mother at the time.

Following their divorce, the mother of the daughter changes the girl’s surname from Shrivastav to Saxena. Against this, the father filed an application in the court.

The court admonished the father, stating that he does not own the girl and hence cannot force her to use only his surname.

The court went on to say, “What is your concern if the girl doesn’t have a problem with it?”

According to the father’s lawyer, the daughter is a minor who lacks the necessary understanding to make such a decision.

Aside from that, she has a LIC policy on her name with her father’s surname, which could be dishonored as a result of the change in surname.

The court deems these accusations completely unfounded, noting that the child’s birth certificate has both surnames.

The judge dismissed the petition, but gave the father the option of displaying his name at the girl’s school.