Proof of custody/ guardianship- unwed mother

I am constantly being asked these documents and in the past

---   people asks these mainly for curiosity and for filling up the blanks of a format. In a birth certificate, when name of the father not there, then it is clearly shows that, you are a single parent of the child. Thereafter, nobody has the right to ask it. They are simply harassing you. You already met tahasilder, he expressed his inability, so you meet his boss, one time and demands to do the job, otherwise give it in writing why he will not do the job?

If this step fails, go to state women’s commission; meet them, complain in writing; get receipt.

One other channel is to approach district / high court.

My child's school is quite progressive and they only asked for a letter from me stating that my child is not to be released to her or anyone else for that matter.

--   What do you mean by the words “my child is not to be released to her … “ – not clear to me. Do you want the birth certificate from municipality?

My challenge has been everywhere else... the passport was a nightmare and now this...

-- Life is full of challenge. One is over, the other will come…

take these challenges at ease.

it is expected that the father of the child come forward and share the problem. if he is fear of anything we will try to clear it so far it is possible.

is he married one?

@ Arup- My mind is so frazzled I don't know what I've been typing. 

The school asked for a letter stating that my daughter is not to be released to her father or his family or anyone else unless that person has my written consent. The school just wanted written instructions to make sure that they are covered in case the father tries to pick up the child from school (no fear of that happening).

The father's name is on the birth certificate, he has not disputed this.  and has even given me an affidavit after her birth stating that he is waiving his paternal rights and that he has no objection to the manner or religion in which I raise my child. The priest in my church ahd asked me to make this document when I wished to Baptise my daughter... So usually, when I make an affidavit I show the officials the father's affidavit and then they usually provide me the necessary sign/seal.

My daughter's father has not married and is willing to help me make whatever documents that are needed, but I don't want to have to keep approaching him. This makes me feel inadequate that even after doing all this on my own I still need to approach the father or need his permission to raise my daughter... how does he get all these rights? How do I become secondary when I am the one who's doing everything with no support/ involvement from him.

Probably you are confused between rights and obligations...

Education can't be denied merely on non-disclosure of names of parents and if there is undertaking by a mother that she is sole guardian

But you are asking a tourist visa. There it is there discretion as to what level of verification that they would prefer to order.

Also Affidavit: your undertaking on oath should be in court, once for all, of competant jurisdiction. you can't complain if you go to wrong jurisdiction.

Unless somebody avoids straight forward and clean available routes provided by govt and legal functionaries, people do not face any problems. Probably you are hiding something more or trying to drag/make him involve the bilogical father somehow.   

sorry your statements are contradictory. do not be confused. take rest for a few days. every problem has a solution. you are not the only unweded mother. so many are here. take some rest and donot worry. you must overcome this problem.

would you like to take help of other people of mumbai? a good number of  mumbai people are member of lci. both advocates and non advocates.

Mr. Arup, first of all thank you for sharing the information related to rights to a child of an unwed mothers.

I have a set of questions that I need to understand as I am planning to be an unwed mother and looking for information related to this.

It would be helpful if you can put me through a lawyer in Bangalore to develop an understanding over the situation and rights.

Any lawyer has to be searched using references.

You could post your queries here, maybe others would be able to help.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@ Mr. Shonee Kapoor. Thank you for your suggestion to put forward my queries here.

I have listed down some of the questions I could think of as follows:

Q1. What are the rights of an unwed mother when she is working in an organization? Will there be any difference to avail maternity related benefits?

Q2. For such a child who is born to an unwed mother, how does no details of father impact on the identity proofs requirements? And by which law?

Q3. What is an official document for Guardianship for a child born to unwed mother? If Birth certificate (with mentioned “single parent” is enough of proof to be presented in future?)

Q4.  If a certificate from all the hospitals Private/public is acceptable?

Q5. Which document can be used to suffice the needs for a passport, Admission in Schools and institutes, Banking services etc.

Q6. What is UN Convention on Child Rights (Article 6 to 13)? What is “ordinarily child jurisdiction Family Court”? If Guardianship for a child is achieved by these as single parent for a child and if this single document can be used further?  How do I prepare this document?

Q1. What are the rights of an unwed mother when she is working in an organization? Will there be any difference to avail maternity related benefits?

THERE IS NO DIFFERENCE. THE MATERNITY BENEFITS ARE AVAILABLE TO ALL WOMEN AND NOT ONLY MARRIED WOMEN.

Q2. For such a child who is born to an unwed mother, how does no details of father impact on the identity proofs requirements? And by which law?

THE MOTHER WOULD KNOW THE NAME OF THE FATHER. ONLY THING IS THAT THE FATHER IS NOT MARRIED TO THE MOTHER. THE MOTHER IS AS MUCH A GUARDIAN AND THE FATHER.

Q3. What is an official document for Guardianship for a child born to unwed mother? If Birth certificate (with mentioned “single parent” is enough of proof to be presented in future?)

THE CHILD CAN HAVE THE SAME RATION CARD ETC. AS THAT OF MOTHER. WHEN THE MOTHER IS TAKING ALL CARE OF THE CHILD, SHE HAS RIGHT TO BE GUARDIAN OF THE MINOR. SINGLE PARENT IS A MISNOMER, AS THOSE DIVORCED CAN ALSO BE SINGLE PARENTS LIKE ME.

Q4.  If a certificate from all the hospitals Private/public is acceptable?

YES, IT IS.

Q5. Which document can be used to suffice the needs for a passport, Admission in Schools and institutes, Banking services etc.

MATRICULATION CERTIFICATE, BIRTH CERTIFICATE.

Q6. What is UN Convention on Child Rights (Article 6 to 13)? What is “ordinarily child jurisdiction Family Court”? If Guardianship for a child is achieved by these as single parent for a child and if this single document can be used further?  How do I prepare this document?

I HAVE NOT UNDERSTOOD THE QUERY. PLEASE ELABORATE.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Hello, can you please give me some information, as to how to show marital status - that I am single.

Hi Can you please let me know what are the legal documents required when taking my minor kid on tourist visa to a country on tour. I am tired of talking to immigration lawyers! No one knows proper information. I want to take my child on a trip and I am a single unwed mother. Father's name is not printed on passport or Adhar card. Your help will be highly appreciated. Eagerly waiting for a reply from you. Thanks in advance.