P (CC) 04 October 2012

Passport for minor girl

I have a minor daughter from my first marriage. I have taken full custody for the child. No maintenance / alimony was given to me. I have remarried since. I am applying for a passport for my daughter. My passport is endorsed with my second husband's name. However my daughter has been denied a passport.

FACTS:

1. Her BC has her name with her biological father's name .

2. Her school records have her new name- changed after my divorce for security reasons- she takes my name as surname. Affidavit and Gazzette notification available for the change of name.

3. The passport was applied with my second husband's name as - Name of father.

QUESTIONS:

1. Why can't she get a passport with my second husband's name as - Name of father?

2. Can she leave the Name of father column blank is there is no legal guardianship order from court?

3. After 18 years of age, will she be asked for legal guardianship order from court ?

4. After 18 years of age, Can she apply for passport with my second husband's name as - Name of father?

Please calrify,

Exhausted mother.

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1 Replies

Tajobsindia (Senior Partner ) 04 October 2012

1. Your second husband needs to legally adopt her via simple Court procedure. Then Passport office will issue her passport with your second husband as “father” name once Adoption Order of concerned Court are annexed with the Passport Form.

To your all other questions the short answer is; once Adoption via Court Order legally done she will not to face any issues with Public Authorities be it when she turns 18 years and beyond till her marriage, where she may opt for her husband’s name which is too far ahead a thought right now for us to ponder upon.

2. Also the reason of denial is that it was applied under second husband name being "her father" whereas annexed Birth Certificate states natural biological father (ex husband) name. The Birth Certificate once issued cannot be changed by changing natural biological father name but para 1 is always an open option now in front of both of you to consider such simple Court procedures post your re-marriage when child custody retained by mother(s).

Custody papers are all right but Indian Passport Act is slightly different as in it is a "Special Statute" hence Statutes Rules have to be followed it overrides Custody Orders.

3. Contact locally via reference an advocate or appoint one via database search of LCI Advocate(s).

[Off the record I appreciate choice of word : "exhausted" mother it squarely fits to facts in hand]