Biological Father's Name Could Be Removed From A Minor Child's Passport - Delhi HC

Justice Prathiba M Singh of the Delhi High Court recently issued an order instructing the passport authority to remove the name of a minor child's biological father from their passport. This decision was made based on the fact that the father had abandoned the child before their birth and relinquished all parental rights.

The court stated that in certain circumstances, it is possible to delete the biological father's name and change the child's surname on their passport. The Passport Manual 2020 and an Office Memorandum (OM) released by the Ministry of External Affairs in February 2022 both recognize scenarios where it is acceptable to exclude the father's name from a minor's passport.

The court further dismissed the argument that the OM would only be applicable to unwed parents. It emphasized that clause 4.1 uses the term "single parent" without any qualification.

The case pertained to a petition filed by a single mother and her minor child, who sought the removal of the biological father's name from the child's passport. The petitioner stated that the father abandoned her during her pregnancy and the settlement agreement between them did not provide any alimony or maintenance. The agreement also granted sole custody of the child to the mother.

After examining the case, the bench observed that the circumstances were unique and therefore, Clause 4.5.1 of Chapter 8 and Clause 4.1 of Chapter 9 would be applicable. Justice Singh made it clear that this ruling should not be regarded as a precedent.