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


I would like to seek advise on my current situation. I am an Indian citizen and married a guy living in Kuwait who is a Canadian citizen. We are not in good terms and I am going to deliver my baby in June. I would like to seek advise as to how should I proceed as I would like to keep the child with me and seeking advise where should I deliver the kid so that his name is attached under my passport. Our marriage is registered in India.

Answers (2)


232 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


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

225 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.

Popular Family Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
35 years Experience
Advocate Barkha Bhalla
Banjara Hills, Hyderabad
17 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."