Mother can decide child's surname; Supreme Court

She is the child’s natural guardian…

On Thursday, The Supreme Court ruled that a mother who remarries after the death of her biological father can choose the surname of her child and include it in her new family.

The bench of Justices Dinesh Maheshwari and Krishna Murari overturned an Andhra Pradesh High Court decision ordering a mother to change her child's surname and refer to her new husband in records as 'stepfather.'

According to the information, the court said that such a direction is almost cruel and mindless of how it would impact the mental health and self-esteem of the child.

"Name is important as a child derives his identity from it and a difference in name from his family would act as a constant reminder of the fact of adoption and expose the child to unnecessary questions, hindering a smooth, natural relationship between him and his parents," the court said.

"We, therefore, see nothing unusual in the appellant mother, upon remarriage, having given the child the surname of her husband or even giving the child for adoption to her husband," it said.

According to the statement,A surname refers to the name a person shares with other members of that person's family, distinguished from that person's given name or names; a family name."

"Surname is not only indicative of lineage and should not be understood just in the context of history, culture and lineage, but more importantly, the role it plays is with regard to social reality along with a sense of being for children in their particular environment. Homogeneity of surnames emerges as a mode to create, sustain, and display family," the court said.

"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 other considerations. With the above observations, the directions of the high court so far as the surname of the child is concerned are set aside," the court added.