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| | Passport Seva | PSP Division
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| You are here : Home > FAQs > SpecialCases Of Minors Requiring Passports SPECIAL CASES OF MINORS REQUIRING PASSPORTS |
| Q1: | Exclusion of father/mother name frompassport of minor in single parent custody | | A: | 1. The online passport application form now permits thatan applicant may provide the name of father or mother or legalguardian, i.e., only one parent and not both. This would enablesingle parents to apply for passports for their children and getpassport(s) issued where the name of either the father or themother is not required to be printed at the request of theapplicant.
2. In case of minor children of unwed singleparent, the name of father or mother is not to be mentioned inthe passport application and in the passport. In case of unwedparents submitting Appendix-12,name of both the parents is to be mentioned in the applicationform and in the passport.
3. In case of minor childrenof married parents, the name of father/mother shall be furnishedby the other single parent having the custody of the child,irrespective of the status of their marriage, such as, divorced,divorce pending, separated or deserted, with or withoutvisitation rights to the estranged parent. | | Q2: | Divorce pending cases | | A: | In case divorce is still pending before the Court, the applicant’s parent should furnish or obtain permission from the court to apply for a passport for the child without the consent of the other parent of the child or provide declaration in form of Annexure-C with applicable reason. In pending divorce cases, where the single parent with child is already working/ staying abroad, the child requires a passport for its continued stay abroad. | | Q3: | Single divorced parent with exclusivecustody of child without visitation rights for the other parent | | A: | Where the custody of the child has been given exclusivelyto either parent without any visitation rights to the otherparent, the question of obtaining consent of the other parentwould normally not arise. A certified copy of the court order hasto be submitted with the application and Annexure ‘C’signed by the single parent. | | Q4: | Single separated parent | | A: | In case one married parent has terminated therelationship with the other parent without a formal divorce,declaration in the format of Annexure ‘C’ may beaccepted from the parent having the custody of the child. | | Q5: | Child of unwed mother | | A: | In case of an unwed mother, and where the father of thechild is either known or unknown, for example a child born aftera sexual assault, etc., the single unwed parent shall furnish adeclaration in Annexure ‘C’ and ‘D’.The name of the father should be left blank. | | Q6: | Child born outside of wedlock | | A: | In cases where the child is born outside of wedlock(including parents married to different persons), but with boththe biological parents accepting parentage of the child, both thenames of the biological parents can be entered in thechild’s passport, after obtaining a declaration inAnnexure-D signed by both the parents. In the declaration, theparents should confirm their relationship and declare that thechild was born out of their relationship but without the formallegal sanction of marriage | | Q7: | Children of married parents, abandonedby other parent | | A: | In cases where: (i) the married parent who is an Indiancitizen, claims that the father had no contact with the mother orthe child after the birth of the child; or where (ii) the fatherhas terminated the relationship with the mother and the childafter conception/birth of the child, a declaration in Annexure‘C’ shall be submitted by the parent with the custodyof the child. Cases where a biological married/unmarried fatherwho is an Indian citizen seeks passport for his child claimingthat the biological mother has abandoned the child, the procedureas applicable for single mother would apply mutatis mutandis. | | Q8: | Annexure ‘C’ and‘D’: Their applicability and differentiation: | | A: | 1.Annexure 'C': This declaration isapplicable in cases where for any reason whatsoever the marriedparent applying for passport for the minor child is not able toobtain the consent of the other parent for obtaining passport forthe child. The reasons also include–wilful denial ofconsent by the estranged parent; desertion; absence ofcommunication between the divorced/not divorced but separatedparents, ex-parte divorce proceedings etc., but exclude caseswhere both the parents are involved in divorce proceedings inwhich case, the permission of the court or consent of both theparents in Annex ‘D’ is required.
2.Annexure 'D': This is for all normal cases where both theparents have to sign Annexure 'D'. Both parents or either parentwith passports of both the parents shall be present at the timeof issue of fresh passport or reissue of passport to the minorchildren or one parent with the passports of both the parents.This Annexure is also applicable to a single parent who has gotfull custody of the child and without any visitation rights toother parent (judgement to be verified); seaman/sailor spouse whoare unable to sign Annexure D; unmarried parents submitting anaffidavit as per Appendix-12. | | Q9: | Inclusion of name of step-parent(s) | | A: | Names of both the biological parentsmust be provided in case of children born out of wedlock.
If an applicant whose biological parents have been divorced orone of the biological parents has expired and the biologicalmother/father (having the custody of the child) gets remarried,applies for passport and wants to get the same issued with thename of the stepfather/step mother instead of biologicalfather/mother, as the case may be, the request of such anapplicant parent (in case the applicant is minor)/applicant forthe issue of passport with the name of step parent shall beaccepted by the Passport Issuing Authority, subject to thesubmission of the following documents;
(a) Aself-declaration on a plain paper stating that he/she does notwant to have biological father/mother’s name on his/herpassport and instead of that, the name of the step father/motherbe mentioned against the column of father’s/mother’sname. The applicant also has to declare that in future if thereis litigation, the entire onus to defend such a case will be onhim/her.
(b)At least two educational/public documentswhere the name of the step father/mother is mentioned against thefather/mother’s name column.
(c)RegisteredMarriage Certificate (of remarriage) of parent who is applyingfor minor.
(d)Death certificate from the authorityconcerned in respect of the death of the biological father/mother, if deceased. | | Q10: | Child who has stayed in a Child CareHome/Orphanage | | A: | An orphan/ abandoned child/ applicant who has stayed in a Child Care Home/ Orphanage and is not having any proof of Date of Birth, may submit a declaration given by the Head of the Orphanage/ Child Care Home on the official letter head of the organization confirming the DOB of the applicant. | | Q11: | CHILDREN BORN ABROAD – INDIANPASSPORT ONLY IF NOT HOLDING FOREIGN PASSPORT | | A: | 1. Children born to Indian citizen(s) outside Indiaacquire Indian citizenship by descent as per section 4 of theCitizenship Act, 1955. Clarification has been received from MHAthat the parents of a child who is born outside India and iseligible for Indian citizenship under Section 4(1) of theCitizenship Act, 1955, have to get the birth of the childregistered in the Indian consulate under provisions of Section 4of the Citizenship Act, 1955. After registration, such childbecomes a citizen of India by descent.
2. The Missionshall insist on registration of birth of the children born abroadunder Section 4(1) of the Citizenship Act, 1955 on the relevantMHA website. The birth of the baby shall also be registered bythe Indian Mission/Post abroad within one year. |
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