New Delhi, 28/7: The Supreme Court on Thursday said a mother, being the only natural guardian, has the right to decide the surname of the child, and even after the demise of her first husband, she cannot be restrained from including the baby in her new family and deciding its surname.
“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,” a bench of Justices Dinesh Maheshwari and Krishna Murari said.
The bench, citing the case of ‘Githa Hariharan and others vs Reserve Bank of India and others’, pointed out the top court had then elevated the mother to an equal position as the father, bolstering her right as a natural guardian of the minor child under Section 6 of the Hindu Minority and Adoption Act, 1956.
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