Affidavit for Minor’s Passport (Single Parent/Separated Parents)
**Sample PDF of the Affidavit is attached at the end.
Why this Affidavit is Used
- When applying for a passport for a minor child, normally the consent of both parents is required.
- But in cases where:
- Parents are separated but not divorced, or
- The child is born out of wedlock, or
- One parent has deserted the family.
this affidavit is mandatory to establish that the minor is in the sole custody of one parent.
When It is Used
- Single parent applies for a passport for a minor without consent of the other parent.
- Parents are not legally divorced but are living separately.
- The child is illegitimate (born out of wedlock), and the applying parent is the sole guardian.
- The other parent has deserted or abandoned the family and is not involved in the child's care.
Purpose
- To legally declare sole custody of the child.
- To exempt the need for the second parent's signature on the passport application.
- To protect the Passport Authority from legal disputes (the parent who files the affidavit takes full responsibility if challenged).
- To ensure there is no misuse of passport issuance in disputed custody cases.
FAQs
-
Q1. Is this affidavit enough to get my child's passport without the other parent's consent?
-
Yes, if you have sole custody and execute this affidavit, the Passport Authority can issue the passport.
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Q2. Does this apply only in India?
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It applies both in India and through Indian Embassies/Consulates abroad (like the Embassy of India, The Hague, mentioned in the specimen).
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Q3. Who can attest this affidavit?
-
Judicial Magistrate, Executive Magistrate, Notary Public, or Indian Consular Officer abroad.
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Q4. What if there's an ongoing custody case in court?
-
Passport may not be issued without court approval. This affidavit is for cases where custody is uncontested or the other parent has no rights.
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Q5. Is it valid if parents are just separated informally (not by court order)?
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Yes. The affidavit itself is a sufficient declaration in such cases.
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Q6. Will the other parent be informed?
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Yes, the affidavit explicitly allows the Embassy/Passport Authority to share your details with the other parent if they request.
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| Attachment | Size |
|---|---|
| affidavit-for-minor-passport-single-parent-case (13.7 KB) | 13.7 KB |
AFFIDAVIT TO BE SUBMITTED WITH THE APPLICATION FOR A PASSPORT FOR A MINOR CHILD BY EITHER PARENT (WHO ARE SEPARATED BUT NOT FORMALLY DIVORCED) OR BY A SINGLE PARENT OF THE CHILD BORN OUT OF WEDLOCK
I, ________________________________(name of single parent), solemnly declare and affirm the following:
1. That I am the mother/father of _________________________ (name of the child), who is a minor and on whose behalf I have made an application for his/her passport.
2. That I am judicially separated from the mother/father of ___________________________ (name of the child)
OR
That no legally valid marriage ever existed between me and Mr/Ms __________________________________ (name of the father/mother of the minor child)
OR
The father/mother of _________________________ (name of the child) has deserted me after conception/delivery.
3. That __________________________________ (name of the child) is exclusively under my care and custody since separation/delivery. The father/mother (other parent) of the child has no visitation or other rights on the child.
4. I also confirm that in the event of a court case arising due to the issue of a passport to the minor child _______________________________ (name of the minor child), I will be solely responsible for defending the case and not the Passport Issuing Authority. The Embassy of India, The Hague, has the right to provide my contact details to the father/mother of the child if he/she requests the same.
Date: __________________________________________
Place: _________________________________________
Signature & address of the Deponent
Note: The Affidavit can be sworn before/attested by a Judicial Magistrate or Executive Magistrate in India or Notary Public or can be sworn before/attested by the Consular Officer at the Embassy of India, The Hague.
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