- 18-Oct-2025
- Marriage and Divorce Laws
In India, the issuance of a passport for a child requires the consent of both parents, unless one parent has sole custody or there are specific court orders allowing one parent to make such decisions independently. The Indian Passport Act, 1967, and the Ministry of External Affairs guidelines stipulate the need for parental consent when a child’s passport is applied for, especially in cases where custody has been awarded to one parent. However, the custody arrangement (whether sole or joint) plays a crucial role in determining the extent of consent required from the non-custodial parent.
According to the Indian Passport Act, 1967, both parents’ consent is required for the issuance of a minor child’s passport, unless one of the parents has sole legal custody of the child. This is to ensure that the child’s travel does not violate the rights of the other parent or affect the child’s best interests.
If one parent has been granted sole custody of the child by the court, then only that parent’s consent is required for obtaining the passport. The non-custodial parent does not need to be involved in the application process. However, the custodial parent may need to submit a copy of the court order granting custody when applying for the child’s passport.
In cases of joint custody, both parents’ consent is generally required for the issuance of the child’s passport, even if one parent is the primary caregiver. The passport application will require signatures from both parents. If one parent does not provide consent, the other parent may approach the court for a specific order allowing the passport issuance despite the lack of consent from the non-custodial parent.
In situations where parents have joint custody but disagree on the child’s passport application, the custodial parent can file an application with the court requesting permission to apply for the passport without the other parent’s consent. The court will consider the child’s best interests when making a decision. The non-custodial parent may also contest the application if they believe that the child’s travel is not in the best interest of the child.
If there is a court order (e.g., sole custody order or any order granting the right to one parent to make certain decisions), it should be submitted along with the passport application. The passport office will verify the custody arrangement before processing the passport application.
If the child is to travel abroad and the parents have joint custody, both parents must agree on the destination and duration of stay. In case of disputes over the child's travel plans, a parent can file for an injunction in the family court to prevent the child from being taken out of the country without their consent.
If the mother is granted sole custody, she can apply for the child’s passport by submitting the necessary documents along with a court order that proves she has full custody.
If the parents have joint custody, the consent of both parents is required. The application form will have a section where both parents need to sign, and the details of their custody arrangement may need to be verified.
The required documents for a child’s passport application may include:
If there are any travel restrictions imposed on the child by the court (for example, the child is not allowed to leave the country without both parents’ consent), those restrictions should be followed when applying for the passport. A parent must disclose any such restrictions to the passport office.
If a parent refuses to give consent, the custodial parent can approach the family court for a direction allowing them to apply for the passport despite the lack of consent. The court will take into account the child’s best interests and the reasons for the disagreement.
Suppose a father has been granted sole custody of his child after a divorce, and the child’s mother is opposed to the child traveling abroad for a vacation. The father wishes to apply for the child’s passport to take the child on an overseas trip.
The father submits a copy of the court order confirming his sole custody of the child when applying for the passport.
He proceeds with the application process, ensuring that all required documents (such as the birth certificate and proof of identity) are submitted.
If the mother continues to object to the travel plans, the father can seek court permission to proceed with the child’s overseas travel, despite her objections.
Answer By Law4u Team
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