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Source: The post is based on the article “Mother being natural guardian of child has right to decide surname, says SC” published in Indian Express on 29th July 2022.
What is the News?
The Supreme Court has ruled that a mother, being the only natural guardian of the child after the death of the biological father (husband), has the right to decide the surname of the child.
What was the case about?
A petition was filed in the Supreme Court challenging a judgment passed by the High Court of Andhra Pradesh in 2014. The High Court asked to restore the child’s surname to the previous one and to show the name of the late husband in records as his natural father. If that is not possible, the court asks to mention the new husband as his stepfather.
What did the Supreme Court rule?
The Supreme Court overturned the AP High Court’s judgment.
The court observed that a surname refers to a name that a child or person shares with the rest of the members of the family.
It not only indicates lineage but also plays a crucial role in the life of children by providing them with a sense of social reality. Further, the Homogeneity of surnames emerges as a mode to create, sustain and display family.
Hence, the court ruled that the mother, if remains to be the only natural guardian, can decide the surname of the child and even give the kid up for adoption.
