'Mother Has The Right To Decide The Surname Of Child,' Rules Supreme Court

Overturning the decision of the Andhra Pradesh High Court, a Supreme Court verdict said, “The mother, being the only natural guardian of the child, has the right to decide the surnameof the child.” It further ruled that she could also give her kid up for adoption.

The bench of Justices Krishna Murari and Dinesh Maheshwari was hearing a case of a mother where the state high court ordered her to change the surname of her child and mention her new husband as the ‘stepfather’ in the records.

The court also called the former order ‘almost cruel and mindless’. It said that such direction could impact the self-esteem and mental health of the child.

The Original Case

The original case was between a child’s mother and biological grandparents. The dispute over the surname started when the woman, upon the untimely demise of her first husband, remarried and gave her kid the surname of her new husband.

The Andhra Pradesh High Court favoured the petition of the grandparents and asked the woman to restore the surname of her child to his biological father’s name. It also asked her to list the child’s stepfather in the documents ‘if it is otherwise illegal’.

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Verdict Of The SC

When the Supreme Court overturned the ruling of the high court, the bench gave complete autonomy to the mother to change the surname of the child after her second marriage.

The court observed that a surname refers to a name that a child or person shares with the rest of the members of the family. It not only indicates lineage and should not just be used in the context of one’s culture and history.

The bench said that a surname plays a crucial role in the life of children by providing them with a sense of social reality. It further said, “Homogeneity of surnames emerge as a mode to create, sustain and display family.”

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Thus, the court ruled that the mother, if remains to be the only natural guardian, can decide the surname of the child and even give the kid up for adoption (things to know about adoption in India).

The bench concluded, “The court may have the power to intervene but only when a specific prayer to that effect is made, and such a prayer must be centred on the premise that the child’s interest is the primary consideration, and it outweighs all the other considerations.” Lastly, it ordered that the directions of the high court, in this particular, would be set aside.