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Sid   15 January 2024

Stepfather name in passport.

Dear Attorney's

I am in a confused situation, my mother got divorced form my father during my early childhood and later got married after her divorce. I was with my mother through out all of these steps growing from a child to an adult, although my step father had never legally adopted me through proper documentation, during my passport application I had included his name on my passport and the application process did not include any request of adoption documentation rather considered the divorce and re-marriage documentation to proceed further to issue my passport, time has come to renew my passport for the 2nd time, which means it has passed 2 decades, though my parents after 25 years of their marriage are still considering to make an effort to going through adoption process, I have no interest and desire that they would legally do anything at this point.

My main questions are:

1. Should I still include my step father's name on my passport ?
2. If I shouldn't, what is the recommended steps.
3. Was that a mistake in including his name on my Passport. 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     15 January 2024

If you want to change the name of the father in the passport you have to submit the proof of your father because you have got the passport prepared with your step father's name hence you to provide the documentary evidence to change the name now.

Sid   15 January 2024

Thank you Kalaiselvan sir,

Sorry that I forgot to mention few more details as the browser did not allow me to add further.,

My biological father has been deceased when I was around 14-15 years of age, and was in my mother's custody ever since. even prior to their divorce, and as per this article:

https://advdrshahnassociates.com/wp-content/uploads/2020/05/Article-for-website.pdf

Clause 4.4 of the Passport Manual, which reads as follows:- "4.4 In the case of (b) above, the name of stepfather/stepmother cannot be written in the passport of children from the previous marriage. The relationship of the child to his biological parents subsists, even after divorce by parents. In such cases, the column of father or mother in the passport cannot also be left blank. Therefore, such applicants must apply with the names of their biological parents. However, if the stepfather or stepmother is appointed by a Court as legal guardian, the name of such a step-parent can be written as legal guardian."

Also to mention para 4(III) of Chapter 8 of the Passport Manual, which permitted the parties to have the name of the biological parent replaced by the name of the step-parent, in the event of death of the biological parent.


Can you please advice further.

 

Thank you for your time.

 

 


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