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Dhiraj Solanki   05 September 2023

Birth registration of child

A couple wants to register their child's birth in India, the birth registration of the child has already been done in UK as the couple are UK resident. The wife is having Indian Passport whereas the Husband has a UK passport.

The age of the child is 7 years and the child has still not acquired or applied for any Passport or nationality as yet.

The consulate in UK when the child was born 7 years ago had refused to register the child's birth by giving reason that as the birth registration has been done in UK,it  is sufficient and hence not required to register birth in India, they did not help nor gave written reasons on their letter head, they also told to contact lawyer in India if they can do something.

As per the law, since the mother is having Indian nationality her child is also eligible to acquire Indian citizenship through her mother and get the birth registration done. It is very much required incase the family decides to move to India and take school admissions, Aadhar card etc for the child.

Is there anyway birth registration of the child can be done by declaration, court procedure or any other legal procedure in India. The couple are unable to jointly travel however the husband alone can visit India for short time if required.



Learning

 6 Replies

Shashi Dhara   05 September 2023

UK birth certificate is enough  with that certificate  contact advocate he wil file petition in civil court   and obtain orders   from civil court.

Dhiraj Solanki   05 September 2023

Please can you provide more details and your direct communication details.

T. Kalaiselvan, Advocate (Advocate)     06 September 2023

A person may submit an application for registration of birth of his minor child born outside India in terms of sub-section(1) of section 4 in Form I to the Indian consulate in the country, where such child was born, together with a declaration that the child does not hold the passport of any other country.

In order to get Indian citizenship for a child born to Indian parent(s) in a foreign country, the birth of the child is to be registered at the nearest Indian Embassy/Consulate and thereafter (or at the same time) the parents can apply for issue of an Indian passport for the child

For more information, kindly contact Indian Embassy/Consulate in your jurisdiction or visit their website.

SRIPRAKASH BHATTACHARYA (RETIRED)     06 September 2023

when a child is born outside India, he/she becomes the citizen of that country. It is irrespective of the fact his/her father or mother OR both have Indian citizenship. However, as per law the child shall be considered OCI or PIO. Visit the embassy of India in that country where the child is born. Alternatively, write to the Ministry of Home Affairs stating your issue.

Dhiraj Solanki   06 September 2023

Thank you for your replies.

@ Mr Sriprakash - Sir, first of all I would like to correct you that a child born outside India does not AUTOMATICALLY acquire citizenship of that country, however if one of the parent hold a foreign citizenship the child can acquire foreign nationality in conformity with one of the parent's foreign nationality. If there was any automatic entitlement to childrens born abroad then we could have had so many pregnant Indian Ladies going abroad on any kind of visas for child delivery for their children to get foreign nationality. Each country have their own several conditions like residency requirements, visa status of the parents etc which are to be fulfilled in order for their children to obtain that foreign country nationality.

@ Adv. T Kalaiselvan - Whatever stated by you is correct and the information is also available in the website of India consulate.

However, again the question lies: Is it possible to get the birth registered by filing civil petition in any competent court in India according to comments provided by Shashi Dhara and what is the procedure, documents required, etc OR is there any other procedure within the territory of India to get the birth registered without approaching MEA or Consulate.

SRIPRAKASH BHATTACHARYA (RETIRED)     06 September 2023

1. Would request you to contact the Office of Consulte / High commission/ Embassy of Bharat in that country where the child has born. They will guide in details.

2. Put your question properly on Google and visit the website of the concerned ministry of the Government of India. 

3. Visit the website of the 'Birth and Death Registration Department' of the state where the cause of action has raised. All replies are available therein.  

4. Be specific while posting your question on Google 


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