Special case of minor required passport| Passport Doubts

SPECIAL CASES OF MINORS REQUIRING PASSPORTS

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.
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.