| Q1: |
Exclusion of father/mother name from
passport of minor in single parent custody |
| A: |
1. The online passport application form now permits that
an applicant may provide the name of father or mother or legal
guardian, i.e., only one parent and not both. This would enable
single parents to apply for passports for their children and get
passport(s) issued where the name of either the father or the
mother is not required to be printed at the request of the
applicant.
2. In case of minor children of unwed single
parent, the name of father or mother is not to be mentioned in
the passport application and in the passport. In case of unwed
parents submitting Appendix-12,
name of both the parents is to be mentioned in the application
form and in the passport.
3. In case of minor children
of married parents, the name of father/mother shall be furnished
by 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 without
visitation rights to the estranged parent.
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| 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 exclusive
custody of child without visitation rights for the other parent |
| A: |
Where the custody of the child has been given exclusively
to either parent without any visitation rights to the other
parent, the question of obtaining consent of the other parent
would normally not arise. A certified copy of the court order has
to 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 the
relationship with the other parent without a formal divorce,
declaration in the format of Annexure ‘C’ may be
accepted 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 the
child is either known or unknown, for example a child born after
a sexual assault, etc., the single unwed parent shall furnish a
declaration 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 both
the biological parents accepting parentage of the child, both the
names of the biological parents can be entered in the
child’s passport, after obtaining a declaration in
Annexure-D signed by both the parents. In the declaration, the
parents should confirm their relationship and declare that the
child was born out of their relationship but without the formal
legal sanction of marriage |
| Q7: |
Children of married parents, abandoned
by other parent |
| A: |
In cases where: (i) the married parent who is an Indian
citizen, claims that the father had no contact with the mother or
the child after the birth of the child; or where (ii) the father
has terminated the relationship with the mother and the child
after conception/birth of the child, a declaration in Annexure
‘C’ shall be submitted by the parent with the custody
of the child. Cases where a biological married/unmarried father
who is an Indian citizen seeks passport for his child claiming
that the biological mother has abandoned the child, the procedure
as applicable for single mother would apply mutatis mutandis. |
| Q8: |
Annexure ‘C’ and
‘D’: Their applicability and differentiation: |
| A: |
1.Annexure 'C': This declaration is
applicable in cases where for any reason whatsoever the married
parent applying for passport for the minor child is not able to
obtain the consent of the other parent for obtaining passport for
the child. The reasons also include–wilful denial of
consent by the estranged parent; desertion; absence of
communication between the divorced/not divorced but separated
parents, ex-parte divorce proceedings etc., but exclude cases
where both the parents are involved in divorce proceedings in
which case, the permission of the court or consent of both the
parents in Annex ‘D’ is required.
2.
Annexure 'D': This is for all normal cases where both the
parents have to sign Annexure 'D'. Both parents or either parent
with passports of both the parents shall be present at the time
of issue of fresh passport or reissue of passport to the minor
children or one parent with the passports of both the parents.
This Annexure is also applicable to a single parent who has got
full custody of the child and without any visitation rights to
other parent (judgement to be verified); seaman/sailor spouse who
are unable to sign Annexure D; unmarried parents submitting an
affidavit as per Appendix-12. |
| Q9: |
Inclusion of name of step-parent(s) |
| A: |
Names of both the biological parents
must be provided in case of children born out of wedlock.
If an applicant whose biological parents have been divorced or
one of the biological parents has expired and the biological
mother/father (having the custody of the child) gets remarried,
applies for passport and wants to get the same issued with the
name of the stepfather/step mother instead of biological
father/mother, as the case may be, the request of such an
applicant parent (in case the applicant is minor)/applicant for
the issue of passport with the name of step parent shall be
accepted by the Passport Issuing Authority, subject to the
submission of the following documents;
(a) A
self-declaration on a plain paper stating that he/she does not
want to have biological father/mother’s name on his/her
passport and instead of that, the name of the step father/mother
be mentioned against the column of father’s/mother’s
name. The applicant also has to declare that in future if there
is litigation, the entire onus to defend such a case will be on
him/her.
(b)At least two educational/public documents
where the name of the step father/mother is mentioned against the
father/mother’s name column.
(c)Registered
Marriage Certificate (of remarriage) of parent who is applying
for minor.
(d)Death certificate from the authority
concerned in respect of the death of the biological father/
mother, if deceased. |
| Q10: |
Child who has stayed in a Child Care
Home/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 – INDIAN
PASSPORT ONLY IF NOT HOLDING FOREIGN PASSPORT |
| A: |
1. Children born to Indian citizen(s) outside India
acquire Indian citizenship by descent as per section 4 of the
Citizenship Act, 1955. Clarification has been received from MHA
that the parents of a child who is born outside India and is
eligible for Indian citizenship under Section 4(1) of the
Citizenship Act, 1955, have to get the birth of the child
registered in the Indian consulate under provisions of Section 4
of the Citizenship Act, 1955. After registration, such child
becomes a citizen of India by descent.
2. The Mission
shall insist on registration of birth of the children born abroad
under Section 4(1) of the Citizenship Act, 1955 on the relevant
MHA website. The birth of the baby shall also be registered by
the Indian Mission/Post abroad within one year.
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Passport
