You need to apply for reissue of passport seeking deletion of father’s name enclosing copy of divorce decree, proof of sole custody and guardianship. Such procedure is very much available. You can also adopt the child going for step child adoption under Adoption Regulations. Child will get birth certificate showing in the name of adoptive parents as father and mother.
Question regarding putting only mother's name in minor child's passport after divorce
My wife,as per her divorce decree, has sole and full custody as well as guardianship of her minor son from her first marriage (my step son). Visitation rights are not mentioned in the decree. Biological father has not contacted or met the child since his birth 10 years ago. We are planning to renew my step son's passport, (which was originally applied and received 5 years ago by my wife with the biological father's name mentioned in it ). since it is about to expire, and would like to only keep my wife's name as the sole parent in the passport. Is this feasible ? Will there be any issues in international travel if the biological father's name is not there in the passport? Also, which annexure do we need to provide with the passport application (Annexure C or Annexure D)?
Asked 3 years ago in Family Law
Religion: Hindu
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6 Answers
No issue.
She can give annexure C with court order
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.
2)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.
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.
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.
- As per Delhi High Court , Authorities cannot insist upon mentioning the name of one’s biological father in passport as mother’s name is sufficient in certain cases where she is a single parent.
- Hence, your wife can put her name only in minor Childs passport after divorce.
- Further after getting an adoption deed from the court , you can declared as guardian of the said child and can put your name as father.
- She can take the certified copy of the divorce decree from the court for submitting the same with the Annexure C.
Dear client I am sorry to hear that but in this case if you have the legal guardianship of the child then you can put only the mother's name in the passport which was applicable after the 2016 amendment, where in you can put the name of the father or mother or legal guardian
