Calcutta High Court Allows 15-Year-Old to Adopt Stepfather’s Surname

In a significant judgment, the Calcutta High Court has permitted a 15-year-old boy to adopt his stepfather’s surname, acknowledging the evolving structure of modern families. The court allowed the name change despite the Kolkata Municipal Corporation’s (KMC) objections, although it declined to permit altering the biological father’s name on the birth certificate without a formal adoption order. The decision upholds the rights of custodial parents and reflects judicial flexibility in the face of procedural timelines.

Why in News?

A Calcutta High Court ruling on May 16, 2025, allowed a child to adopt the surname of his stepfather. The child’s biological parents separated in 2010, and the mother remarried in 2020. Despite no objection from the biological father, the Kolkata Municipal Corporation opposed the name change. The court provided legal interpretation of Section 454 of the Kolkata Municipal Corporation Act, 1980, and emphasized judicial discretion on time limits.

Background of the Case

• The child’s parents separated shortly after his birth in 2010.
• The mother remarried in March 2020, and the child has since been raised by the mother and stepfather.

The mother and stepfather filed a writ petition seeking changes to,

• The child’s surname,
• The father’s name on the birth certificate,
• And the mother’s surname in official records.

Court’s Decision

Allowed

• The change of the child’s surname to match the stepfather’s.
• Updating the mother’s surname in official records.

Denied

• Changing the father’s name on the birth certificate due to the absence of legal adoption.
• “Such a change can only be considered upon the legal adoption of the minor by the stepfather,” observed Justice Kaushik Chanda.

Legal Interpretation

• Section 454 of the Kolkata Municipal Corporation Act allows changes to a child’s name.
• Justice Chanda ruled that “name includes both given name and surname.”
• While the Act specifies a 60-month time limit, the court said it may be interpreted flexibly in appropriate circumstances.
• “If a valid explanation is given for delay, courts may permit changes even after 60 months,” the judgment clarified.

KMC’s Objection

The Kolkata Municipal Corporation cited,

• Section 15 of the Registration of Births and Deaths Act, 1969.
• Sections 454 and 455 of the KMC Act, 1980.
• It claimed it had no authority to change a birth certificate beyond clerical or factual corrections.
• KMC argued that changes of parental names require a court-certified adoption order.