Thus, a direction of the Andhra Pradesh High Court to a mother to restore her child’s original surname from his step-father’s surname, was set aside by the top court.
A division bench of Justices Dinesh Maheshwari and Krishna Murari said that such a direction of the High Court to a mother, who had remarried after her first husband’s death, to restore her child’s original surname, was “almost mindless and cruel”.
“The mother being the only natural guardian of the child has the right to decide the surname of the child. She also has the right to give the child in adoption,” the Bench said.
The division bench opined that when a child is adopted into a new home, it is only logical that he takes the surname of the adoptive family.
“The direction of the High Court to include the name of the Appellant’s husband as step-father in documents is almost cruel and mindless of how it would impact the mental health and self-esteem of the child. A 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 factum of adoption and expose the child to unnecessary questions hindering a smooth, natural relationship between him and his parents,” the Bench observed.
Source: Barandbench
