On Thursday, the Supreme Court ruled that a mother who remarries after the death of her child’s biological father has the right to choose her child’s surname. This decision overturned an earlier ruling by the Andhra Pradesh High Court, which had instructed the mother to change her child’s surname and list her new husband as the child’s stepfather in official records.
The case centered on a dispute over the child’s surname between the deceased father’s grandparents and the mother, who had remarried after her first husband’s death. The Andhra Pradesh High Court had ordered that the child’s surname be changed back to reflect the natural father’s name and that the new husband be referred to as the stepfather in documents.
Displeased with this decision, the mother appealed to the Supreme Court. The Court found that such a directive could be harmful to the child’s mental health and self-esteem.
The Supreme Court stated, “A child’s name is crucial for their identity. Having a different surname from the family can remind the child of their adoption status and expose them to unnecessary questions, affecting their relationship with their parents.”
The Court further explained that a surname is not just a historical or cultural marker but plays a significant role in a child’s social reality and sense of belonging.
The ruling also noted that during the appeal, the mother’s new husband had adopted the child legally. The Court affirmed that as the child’s natural guardian, the mother has the right to choose the child’s surname and even to give the child up for adoption to her new husband if she wishes.
The Supreme Court concluded that while the Court can intervene in such matters, it should only do so when it is clear that the child’s best interests are being prioritized. As a result, the High Court’s previous order regarding the child’s surname was set aside.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
