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Getting Passport for Divorced Parents

If your parents are divorced and if you need to get a passport, you need to get consent from both the parents before applying for an Indian Passport and it varies depending upon the legal custody of child also

Special Cases for Divorced Parents

The process for divorced parents depends on the specific circumstances of the divorce and custody. The Passport Seva system has specific “Annexures” (affidavits) to cover these special cases.

If one parent has been granted sole legal custody of the child by a court, the other parent’s consent is not required. The parent with custody can apply for the passport.

  • Documents Required:
    • The completed passport application form.
    • All standard documents (birth certificate, address proof, photos).
    • A certified copy of the court order granting sole legal custody.
    • Annexure C: A self-declaration by the single parent stating that they have exclusive custody and that there are no visitation rights for the other parent (if applicable). This annexure is used when a parent is unable to obtain the consent of the other parent for various reasons, including when one parent has exclusive custody.

If the divorce is finalized, and both parents agree to the passport application, the process is relatively straightforward. Both parents are still required to provide consent.

  • Documents Required:
    • Completed passport application form.
    • All standard documents.
    • Divorce Decree/Order: A copy of the finalized divorce decree.
    • Annexure D: This is the standard declaration for minor passports, signed by both parents, confirming the details provided in the application. Both parents should ideally be present at the PSK. If one parent cannot be present, the other parent may submit Annexure D with the absent parent’s signature.

This is a more complex situation. The Passport Seva system provides an option for a parent to apply even if they cannot get the other parent’s consent.

  • Documents Required:
    • Completed passport application form.
    • All standard documents.
    • Annexure C: This is the crucial document. The parent applying for the passport must submit this self-declaration, explaining why the other parent’s consent is not available. The reasons could be willful denial of consent, desertion, or lack of communication.
    • Court Permission (if applicable): If there is a court case in progress regarding the passport, the applicant should provide a court order specifically permitting them to apply for the child’s passport without the other parent’s consent.

Important Changes and Considerations

  • Online Form Updates: The online passport application form now allows you to provide the name of only one parent (mother, father, or legal guardian), which is a significant change aimed at helping single parents. However, the requirement for documents like Annexure C remains to support the single-parent declaration.
  • Police Verification: While police verification may be waived for minors in some cases, such as when both parents have valid passports, it may be a required step in complex cases like those involving a single parent, to ensure there are no legal disputes.
  • Ancillary Services: For specific details and to download the latest Annexure formats (C, D, etc.), always refer to the official Passport Seva Portal (passportindia.gov.in). The website also provides a document advisory tool to help you determine the exact documents you need based on your specific situation.

General Requirements

The standard process for a minor’s passport application in India involves these steps:

  1. Online Application: Register on the Passport Seva website and fill out the online application form for a fresh passport or re-issue.
  2. Document Collection: Gather all necessary documents, including:
    • The child’s birth certificate.
    • Proof of the parent(s)’ address (e.g., Aadhaar Card, utility bills, etc.).
    • Passport-size photographs of the child.
    • Copies of the parents’ passports (if available and valid).
  3. Appointment Booking: Schedule an appointment at the nearest Passport Seva Kendra (PSK) or Post Office Passport Seva Kendra (POPSK).
  4. In-Person Visit: The child and the parent(s) must be physically present at the PSK on the appointment date with all original documents and their self-attested photocopies.