I am legally divorced and remarried . I need to apply for my son's passport in India.?

Question

I am legally divorced and remarried . My son is 7 yrs old and I would like to apply for my son's passport in India.
I do not want to use my first husband's name in my son's passport as my son doesnt even know who the his real father was. he left us when the child was 5 months old.
Instead I wish to have my second husband's name as a father of the child who is taking all the effort to keep us happy.

It will be wonderful if anyone could help me with the procedure (if exists) to fill in my second husband's name as my son's father in the passport.
What kind of documents are required to do the needful.
Cant I use mother's name instead of father name itself?

Answer 1

With due respects the information & process of getting a individual passport for your 7 years son with the name of your second husband mentioned as the father is only possible if your first husband, the legal & natural parent/guardian of your son forgoes his legal rights of the father & gives this child in adoption to your second husband by deed of adoption which is dully signed, attested & registered. Although applying for individual passport for your son, as a mother you can do so without taking the consent of the natural father i.e. your first husband as you have to give an declaration as provided in ANNEXURE ‘G’ in the passport application, along with the Birth Certificate issued by the Municipal Authority or the Office of the Registrar of Births & Deaths of this child & your original passport & its certified copy. In this case the name of father of the child will have to be mentioned that of your first husband only as the birth certificate you produce will be carrying his name & even in the declaration made you have to mention his name only. In case you are able to get your first husband agree for giving this child in adoption to your second husband then you can get the name of your second husband shown as the father of the child & even make a joint declaration made by both of you for getting the passport under ANNEXURE ‘H’ as provided in the application form of the passport. In that case you require 1) Valid adoption deed registered as per Indian laws 2) Copy of the guarantee executed before the Court concerned. That no doubt will be a long legal process & will require the free consent of your first husband which I doubt he will give & even think about giving up the guardianship rights of the child to your new husband by way of deed of adoption, rather when he comes to know about your intentions regarding this he will seek the permanent custody of the child from you even if he had abandoned you & your child long back. So the best course legally is to let his name appear as father in the passport of the child. Even if you by any chance get the name of your second husband's name appear as father in the passport, that will give your first husband handle to pull you not only in the suit for child's custody but even get you & your second husband punished for making wrong declaration before the competent government authorities for getting this passport under section 177,181.182,193,198,200 etc of the Indian Penal Code & involve both of you along with the passport officials for giving bribery for getting such wrong passport under the provisions of the Prevention of Corruption Act, 1988 .
All this I told you because I know you can get number of agents sitting outside the regional passport office who charge heavy sum of money & will not only promise you but even get you passport for your child with the name of your second husband shown as the father of the child, but as a lawyer I have told you the correct legal position that too without charging you a single penny. Rest what ever I told you is the way our corrupt bureaucracy/civil servants works in India & the legal position in your case, you have to decide which way you have to go.

Answer 2

What you are desiring is not possible. You have to get the passport as per prevalent rules as under:

The Passport can be obtained in your son's name-
Your name will appear as Mother and natural guardian-
Your husband (1st) name will appear as father's name by not as guardian-
your Second husband's name can not appear. -
The pass port application will be applied by you as mother and natural guardian. -

The Regional Passport office will not ask for any question and they will issue it accordingly with the above details.

In case of any clarification they will call you and you have to produce documents in proof of the following -

1.The Divorce decree issued by any court terminating the marriage with 1st husband-
2. An affidavit to affirming that your son is living with you as per court's order.

That is all. At any rate your 2nd husband's name will not appear in son's passport and it is also not required. -

Recently I got a passport for a similar case-

Answer 3

Your US passport has to be in your son's legal name, whether it's the name you prefer to use or not. Probably the same in other countries.

You can have his name changed legally to whatever you want, but governments and informality do not go together well.

Answer 4

The child is your son by birth, birth father has abandoned the child, but if it is not recorded in the divorce decree then it must be recorded, some how by amendment or by affidavit.

Or.

Your present husband must adopt the child.

Or

On your child's behalf you need to fill out name change and register the new name.

See a lawyer in your area and see what the lawyer says.

He may have few more options for you to consider.

Answer 5

You cant change the natural father, any more then you can change the natural mother. Take the advice of Vijay M and drop this idea.

The natural father has certain rights whether you like it or not. You as mother cant unilaterally decide whose name should appear on the passport, if you do so, you will be breaking the law and will have to face the music when the truth comes out.

Answer 6

Need Help...as I want to apply for my seconds wifes son's passport...Wht is the procedure to do so??? I am a Muslim and my First wifes name is mentioned in my passport.

Answer 7

I do not know how things work in India, but you can have common usage. If you can show evidence that the child has used this "new" name for five years (public dated records like school reports, tax records, hospital bills), that could suffice; otherwise, you will have to go to the courts to legally change the name

Answer 8

Find the number for the embassy in india and call them and explain the situation to them. Make sure you have a pen and paper when you call so you can write down any info or numbers they give you. They should be able to direct you in the righ direction. Good luck.

Answer 9

You will need to take the divorce papers to your local VISA office.

Answer 10

call sam in dell tech support, he can give you the info you seek. he is in india on the outsourcing American jobs to india program.