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Santosh Jayant (Finance professional)     06 October 2023

Passport for minor child

Hi, I am seeking assistance as the embassy of India abroad has failed to issue passport for minor.

We have a child who was born abroad and is less than a year old, and the mother is a foreigner and the birth took place in a third country since i couldn't get visa to the mother's country due to some mistakes. Then we applied for birth registration at India embassy abroad where the birth took place, however it took close to 2 months and still the embassy was trying to finish the formalities despite providing all documentation they requested, so the parents chose to make child  citizen of mother's country considering child's health.

Now the parents want the child to become citizen of India. However the embassy of India in mother's country (different embassy) is refusing the application simply saying my presence is required, and marriage certificate is required. Both are not possible at the moment.

So, the question is can the mother bring the child to India and apply for passport after relinquishing foreign passport? And can the passport be issued with apostilled birth certificate issued abroad? and when the parents are not married especially when the other parent is a foreigner ?

Kindly provide clarity on the same. Thanks for your help.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     07 October 2023

According to India's Citizenship Act, as long as at least one parent has Indian citizenship at the time of the child's birth, and the child is registered at an Indian consulate within one year of birth, with the declaration that the child does not have a foreign passport, the child is an Indian citizen by descent.

Sudhir Kumar, Advocate (Advocate)     10 October 2023

very well analysed.                    

Santosh Jayant (Finance professional)     12 October 2023

The child is not registered at Indian consulate abroad. The child is a foreign citizen and parents want to apply for child's passport in India since father is Indian. So the question is can the passport be applied in India?


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