Section 4
Right To Name, Nationality And Identity
(1) Every child shall have the right to have name with own identification and birth registration.
(2) The father or mother of a child, after his or her birth, shall give a name to him or her and register it according to the prevailing laws.
(3) The mother of a child born from rape or incest that is punishable by the prevailing laws shall register his or her birth by mentioning only the name of the mother if she so wishes.
(4) While giving name pursuant to sub-section (2), if the father or mother of a child is not available immediately or there is no possibility that they can be available, then the child may have the name given by any other family member or guardian who looks after him or her.
(5) Every child after birth may use the surname given by mutual consent of his or her parents or if such consent is not available he or she may use the surname of his or her father after his or her name.
(6) Notwithstanding anything contained in sub-section (5), the child, if he or she so wishes, may use the surname of his or her father or mother or both.
(7) A child whose paternal identity is not known may use his or her mother's surname after his or her name.
(8) If a dispute arises regarding the surname of any child, except as proved otherwise, it shall be deemed that the child is using his or her father's surname.
(9) A child whose both father and mother are not identified may use the surname given by the guardian after his or her name.
(10) The child welfare authority shall be informed about it when the guardian gives the name and surname pursuant to sub-section (9).
(11) If the name of father, mother and grand-father, grand-mother must be mentioned pursuant to law in any formal legal proceeding or document, in cases where the father of the child is not known, he or she may mention his or her mother and parents’ name and if the name of mother is also not known, mentioning that matter will suffice the requirement.
(12) The mother, father or guardian of a child shall not change his or her name, surname that hides the identity of the child with an intention to gain undue benefits.
(2) The father or mother of a child, after his or her birth, shall give a name to him or her and register it according to the prevailing laws.
(3) The mother of a child born from rape or incest that is punishable by the prevailing laws shall register his or her birth by mentioning only the name of the mother if she so wishes.
(4) While giving name pursuant to sub-section (2), if the father or mother of a child is not available immediately or there is no possibility that they can be available, then the child may have the name given by any other family member or guardian who looks after him or her.
(5) Every child after birth may use the surname given by mutual consent of his or her parents or if such consent is not available he or she may use the surname of his or her father after his or her name.
(6) Notwithstanding anything contained in sub-section (5), the child, if he or she so wishes, may use the surname of his or her father or mother or both.
(7) A child whose paternal identity is not known may use his or her mother's surname after his or her name.
(8) If a dispute arises regarding the surname of any child, except as proved otherwise, it shall be deemed that the child is using his or her father's surname.
(9) A child whose both father and mother are not identified may use the surname given by the guardian after his or her name.
(10) The child welfare authority shall be informed about it when the guardian gives the name and surname pursuant to sub-section (9).
(11) If the name of father, mother and grand-father, grand-mother must be mentioned pursuant to law in any formal legal proceeding or document, in cases where the father of the child is not known, he or she may mention his or her mother and parents’ name and if the name of mother is also not known, mentioning that matter will suffice the requirement.
(12) The mother, father or guardian of a child shall not change his or her name, surname that hides the identity of the child with an intention to gain undue benefits.