suneetkaur 16 October 2016

Adoption deed for passport

My daughter is now 18 years. I gave her for adoption as per the registered adoption deed to my parents, thats her maternal grand parents when she was 14 years old. As per the adoption deed, her tenth class educational certificate, PAN Card, driving licence, voters card all carries now adoptive parents names thats her maternal grand parents name. Now we want to send her to Canada for higher studies but Passport is not issued to her as we are told to get adoption deed signed by Judicial Magistrate. I am legally divorced, and my daughter was in my custody from childhood.

If we go ahead with the passport with mothers name on in the passport discrepancy will be difficult to explain when we will apply for Student visa, and adoption deed also cannot be made as she is now major.

Please kindly guide me the solution for the same. What should be the alternative solutions for getting the passort?

Regards

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4 Replies

adv.bharat @ PUNE (Lawyer) 17 October 2016

Contact passport authority for alternative woltion to get passport theny know better all the option available with them.

If u like my solutin then will u give THANKS on my LCI profile.

suneetkaur 17 October 2016

Thanks a lot for your reply. I am really humbled by the quick response. But problem is Regional Passport Officer is adamant, or he is saying get the passport in the Mothers name but that is also not possible in our case as her tenth class Educational certificate now carries the name of adoptive parents. So here discrepancy can come up which would be very difficult to explain.

He is insisting on getting the adoption deed signed by Judicial Magistrate which is very difficult in our case, as my daughter is a major now. I do not understand why children are not issued passport because of the fault of parents? She has a right to travel abroad. The acts in India are really disgusting.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 17 October 2016

Try one of these three methods:

In most of the district courts, one judicial magistrate is assigned the job to attest the affidavits. You can produce the registered adoption deed and get it attested.

Next method is to file a declaration suit giving validity of the already registered adoption deed.

Last, send a representation by speed post to the passport authorities and describing the difficulties to get judicial magistrate certified deed at this stage and requesting them to issue passport immediately, within 15 days and as you know, they refuse or not even respond to your representation. Then you approach the High Court under writ jurisdiction against the passport authorities. Before doing so, go through the rules prescribed by passport authoritries and also verify an affidavit from you and your daughter may be enough to cross over the hurdle. If it is so, ask the passport authorities that you would file affidavit attested by the first class judicial magistrate and even then they will become adamant, then you have to approach H.C.

Samarpan.