How to change my minor U.S. citizen child’s surname?

I am currently undergoing divorce (HMOP) and sole custody (GWOP) proceedings in India, being an Indian citizen parent. My minor child is a U.S. citizen. Once I get the sole custody order in the GWOP case, what steps do I need to take to change my child’s last name in India (as per the child’s request)?

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 27 Sep 2025

Dear Client, Once you obtain the sole custody order, you can change your minor child’s surname in India by executing an affidavit, publishing the new name in newspapers, and completing the official Gazette notification process, which will allow you to update Indian records like school and Aadhaar; then, with the custody order and Gazette proof, you can approach the U.S. Embassy or Consulate in India to have your child’s U.S. passport reissued in the new surname, thereby ensuring the name change is valid both in India and under U.S. records though if the Embassy insists, you may need to seek a specific “permission to change surname” order from the Indian court for added clarity. I hope this answer helps, for any further queries, please do not hesitate to contact us. Thank You

Admin
Advocate By LEAD INDIA Answered: 24 Sep 2025

Once you receive sole custody through the GWOP case, you can apply to change your child’s surname in India by filing an affidavit, publishing the change in the Gazette of India, and updating the school and passport records. As you are the legal guardian, you can legally process the name change without the other parent’s consent. For further legal assistance contact us on our helpline number.

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