Change of Name in Birth Certificate
A “Name” gave the identity to a person. Without a name u can’t imagine a person. It is a duty of the parents or hospital where the child took the birth send details of the new born baby to the local municipal committee for registration of his/her name. This First step of the parents as well as hospital to submit the correct record to the authority is very important.
Registration of Birth and Death Act 1969 –
The information of every new born child kept in register of Municipal committee according to Registration of Birth and Death Act 1969. Here we are discussing the important rule and section of the Act which are following –
- Section 14 of the Act provides that where there is registration regarding birth of a child without any name, subsequently, the name of the child can be incorporated within prescribed time.
- As per Rule 10 of the Act where initially, the name of the child is not incorporated in the register, name of the child can be entered within 12 months from the date of registration of birth and under proviso to Rule 10(1), if information is not given within 12 months, it can still be given within a period of 15 years in the manner prescribed in subsequent part of this rule.
- Section 15 of the Act provides that where it is proved to the satisfaction of the Registrar that any entry of birth or death in any register is erroneous in form or substance, or has been fraudulently or improperly made, the same can be corrected. Similarly sub rule (4) of Rule 11 deals with the correction of an entry which is erroneous in substance. Assuming that at the time of birth, it was a conscious entry, but in view of the change of the name of the child thereafter for which there is no prohibition, the entry has become erroneous in substance to the extent of name of the child.
Power of registrar under section 15 read with rule 11 of the Act –
As a matter of fact, Section 15 read with Rule 11 permit the registrar to alter the entry not only where the entry is fraudulent or improper but also where it is erroneous in form and substance, if proved to his satisfaction. Section 15 and Rule 11 thus empower registrar to hold an enquiry it any entry is disputed as erroneous in form and substance or is sought to be corrected, including the entry regarding subsequent change of name. On correct interpretation of Section 15 and Rule 11 and keeping in view the overall Scheme of the Act and the rules,
Rule of Haryana registration of births and death 2002 –
The State Government has framed rules, namely, Haryana Registration of Births and Deaths Rules, 2002, in exercise of powers under Section 30 of the Act. Rule 11 deals with the correction of entries in the register. Relevant extract of Rule 11 is reproduced as under:-
11.(1) If it is reported to Registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him and if the register is in his possession, the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or cancelling the entry) as provided in Section 15 and shall send an extract of the entry showing the error and how it has been corrected to the State Government or the District Registrar.
(4) If any person assets that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under Section 15 upon production by that person a declaration setting forth the nature of the error and true facts of the case made by him and supported by two creditable persons having knowledge of the facts of the case.
Change of name in birth certificate –
In this no doubt person has only one name on all documents including birth certificate and same is the first document which prepared after the birth of a person. Sometimes happened that due to various reasons person has to change his/her name. Our Constitution allow to every persons to choose his/her name without any condition and on the study of the Act it is found that there is no prohibition to change of name in the certificate. In others words the law permits incorporation of name where originally, no name is incorporated. On this analogy, there should not be any prohibition or impediment or incorporation of the subsequent name which might have been adopted by the child after the birth Change of name in so after the birth Change of name in society is not a new phenomena.