NAMING LAW
Keeping a name, changing it and returning to it: what the courts have said and what each agency asks for.
We found no statute that requires a woman, or a man, to change a name or surname on marriage. In September 2023 the Karnataka High Court (Justice Suraj Govindaraj) observed that there is no particular requirement for a woman to use her husband’s name after marriage, and that she is always entitled to use her maiden name showing her father’s name. The case concerned a mismatch between the mother’s name on a child’s birth certificate and her Aadhaar. [1]
Agencies accept a marriage certificate. UIDAI’s document list includes a marriage certificate issued by a Central or State Government, with or without a photograph; if it carries no photograph, proof of identity in the old name is needed with it. The passport booklet accepts an attested marriage certificate from the Registrar of Marriage, or Annexure J, a joint declaration signed by both spouses with a joint photograph. [2] [5]
UIDAI’s 2021 procedure allows a name update twice in a lifetime, and after the limit it accepts a marriage, divorce or adoption certificate as an exception. A woman who changed her name after marriage may update her date of birth using pre-marriage proof of birth with evidence of the name change. UIDAI’s circulars page lists a newer name-update procedure dated 18 September 2026, so read it before you apply. [3] [2] [4]
A woman applying for a change of name or surname because of marriage submits her old passport and an attested marriage certificate or Annexure J. A divorcee submits the old passport and, if the change rests on the divorce, the divorce order. A re-married applicant also submits documents about the first marriage. The change must be declared by answering Yes to the question about having changed your name. [5]
The PAN change form accepts, for a married woman, a marriage certificate, a marriage invitation card, publication of the name change in the official gazette, a passport copy showing the husband’s name or a certificate from a gazetted officer. A married woman still gives her father’s name as the father’s name. [6]
A Gazette notice is needed for a complete change of first or full name in Aadhaar, but not for a change of surname alone. For returning to a maiden surname after divorce, the Department of Publication asks for the divorce decree or a no-objection letter from the husband and a photo ID, and does not process the request while a court matter is pending. [2] [7]
If a mother’s name changed after her child’s birth was registered, correcting it on the certificate follows the registrar’s procedure. Chandigarh, for example, asks for an affidavit, statements of two credible persons and document proof for a major correction. [8]
We found no statute that requires it. The Karnataka High Court has said a woman is entitled to use her maiden name. [1]
A joint declaration signed by both spouses, with a joint photograph, accepted for the passport in place of a marriage certificate. [5]
UIDAI asks for one for a change in the first name or full name. A surname change on marriage uses a marriage certificate for Aadhaar and the passport. [2] [5]
A married woman gives her father’s name. [6]
The Department of Publication asks for a divorce decree or a no-objection letter from the husband, and the passport booklet lists the divorce order. [7] [5]