What’s in a surname?

A recent observation by the Bombay High Court that a child raised single-handedly by a mother need not carry the father’s surname has sparked nationwide conversation. The ruling challenges long-held patriarchal naming conventions and raises questions about identity, legality and social norms. Across India, parents, lawyers and even the younger generation are grappling with what it means in a society that has historically tied identity to paternal lineage.

Guardianship over naming

Legally, children are not required to carry either parent’s name. While administrative forms such as passports, school admissions and ID proofs often insist on including the father’s or mother’s name, these are procedural requirements rather than legal mandates. Under the Hindu Marriage Act, the law recognizes guardianship, not naming.

“A child carrying their father’s surname is not a legal mandate but largely a procedural expectation rooted in patriarchal practice,” says advocate Shraddha Gupta, Partner at The Law Chambers. While laws in India provide for guardianship, custody and succession, they do not prescribe how a child must be named. Courts have also recognized that a child’s identity—including the surname—is an important part of their personal development and autonomy.

When a change of name does not affect the legal or statutory rights of a third party and is sought in the best interest of the child, Courts have generally permitted such changes. However, Gupta notes that these matters are examined on a case-by-case basis, with the welfare of the child remaining the central consideration. “If a father is absent from the child’s life, the mother may seek to remove his name,” she says. In cases involving joint custody or shared parenting, Courts balance the rights of both parents while prioritizing the child’s best interest.

Once a child becomes a major, they are free to choose their name. For minors, Courts ensure that any change aligns with the child’s welfare. Importantly, a change of surname does not affect the child’s inheritance rights.

Patriarchy beyond legalities

Despite legal clarity, societal expectations and institutional practices often tell a different story. A single mother, currently navigating divorce proceedings and speaking on condition of anonymity, says these pressures surface in the most routine processes.

“At the passport office, it was a nightmare. They kept asking for the father’s details, even though he is absent from our lives. I had to submit affidavits, letters, and go through endless back-and-forth just to get my child’s passport approved. It was exhausting, but a child needs an identity, and I couldn’t let bureaucracy stop that.”

She stresses that identity is more than a name. “We should have Guardian 1, Guardian 2, whoever is responsible. That would make things simpler and fairer.” Reflecting on the system, she adds: “It’s okay if the law doesn’t make our already complicated lives easier, but it should not make it harder for the children of single mothers than it already is.”

While Courts have clarified the law, the broader picture is complex. Single mothers often face judgment, both overt and subtle, for challenging traditional norms. Observing these cases, Shraddha notes: “Even when legal provisions exist, societal structures—schools, offices, even neighbours—often operate as if the father’s name is essential. This disconnect between law and practice creates daily friction for single parents and children.”

Changing face of identity

Across India, young people are increasingly opting for single names, rejecting patriarchal and caste-based norms.

Ravi, a 23-year-old from Hyderabad, rejects the constraints of inherited surnames. “I don’t want any surname. Names have been used to place people in boxes for centuries—by caste, class, patriarchy, or family. I want to define my identity myself, not inherit someone else’s system.”

“I’m not going to give any surnames to my children. I want them to grow up defining their own identity,” said Pavani, a 27-year-old.

The conversation around surnames, guardianship and identity is not just about legal technicalities. It touches on education, equality and social awareness. Experts, parents and young people alike agree that it is time to rethink old norms and prioritize the child’s best interest, respect, and agency.

Case studies and legal precedents

Recent Court decisions show that questions around a child’s surname or the removal of a parent’s name from official records are decided on a case-by-case basis, with the child’s welfare as the primary consideration.

· The Calcutta High Court, in Atreyi Bhattacharya vs. Registrar of Births and Deaths, Chandernagore Municipal Corporation (2025), permitted the correction of a birth certificate to remove the father’s surname, clarifying that the change would not affect the child’s inheritance rights or the father’s legal status as natural guardian.

The Delhi High Court has allowed the removal of a father’s name from a child’s passport in cases where the father had disowned the child or severed ties, including in Smita Maan vs. Regional Passport Officer, Shalu Nigam vs. Regional Passport Officer, and Prerna Katia vs. Regional Passport Office Chandigarh.

· In ABC vs. State (NCT of Delhi) (2015), the Supreme Court ruled that an unwed mother could apply for guardianship and obtain a birth certificate without disclosing the father’s identity, emphasizing that a child’s right to an identity cannot be denied.

However, Courts have also made it clear that such changes are not automatic. If the father remains involved in the child’s life or shares custody, the Court will assess the situation carefully before allowing the removal of his name.