Want to attach my name in my child's passport and not of my husband

524 votes

Hi, I hope that you are doing great. Since you are an Indian wife, you are advised to deliver your baby in India. Under the provisions of the Citizenship Act, 1955 a child born in India to an Indian parent is an Indian citizen. Secondly, as far as the name of the child in the passport is concerned, under the Indian law, endorsement of a child's name in parent's passport is not allowed. So, you are advised to apply for a separate passport for your child under the category of Minor's passport. Under the new regulation, parent's name is not mandatory in a child's passport. However, there is a process to bypass the consent of the father residing abroad for getting a minor passport. Kindly, make a call to the passport office to get further details. Thirdly, as far as the custody of the child is concerned, under the Indian law a mother is the natural guardian of a child till the age of 5 years. I hope by that time your marital status gets improved.
You are free to write back to me or contact me for any further advise. All the best!! Regards.

Advocate Vikramaditya LawRato

819 votes

It is immaterial where you give birth to your child. The fact is that wherever you give birth to your child you are the only person to disclose the name of the father of the child at the time of birth. The name disclosed at the time of birth shall be added as the guardian of the child and the same can carried in your passport as well.

GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA

Advocate Gopal Verma LawRato