Application for Child Passport / NOC
Quick Answer
A **Child Passport / NOC** is a formal application to obtain a passport for a minor when one parent is unable or unwilling to provide consent. Under Indian passport rules, both parents must sign the application for a child below 18 years.
Application for Child Passport / NOC — detailed explanation below
Governing Act — Child Passport / NOC
The issuance of passports in India is governed by the Passports Act, 1967 and the Passport Rules, 1980. The Ministry of External Affairs administers these rules through the Regional Passport Offices. For minors, the Passport Manual requires the consent of both parents or legal guardians. When consent is contested, the Family Court or High Court may pass orders under the Guardians and Wards Act, 1890 or the Hindu Minority and Guardianship Act, 1956 to grant permission for the passport. No reported decision was found on this point.
Government Department & Website for Child Passport / NOC
The application for a Child Passport / NOC is processed by the Regional Passport Office (RPO) under the Ministry of External Affairs. The official portal is www.passportindia.gov.in. For court-ordered NOC, the matter is filed in the Family Court or the High Court having jurisdiction over the child's residence.
Child Passport / NOC Application Process
The process for obtaining a Child Passport / NOC involves two stages: first, an attempt to secure a written NOC from the non-applying parent. If that fails, the parent seeking the passport files a petition before the Family Court or High Court. The court will examine the child's welfare and may issue an order directing the Passport Office to issue the passport without the other parent's consent. The court order is then submitted online through the Passport Seva portal along with the minor's application. A child custody lawyer can draft the petition and represent you in court.
Key Forms Required for Child Passport / NOC
The following forms are required for a Child Passport / NOC application:
- Form CR-1: Application for a minor's passport (available on the Passport Seva portal).
- Annexure C: Declaration by parent/guardian regarding no objection from the other parent.
- Court order: Certified copy of the Family Court or High Court order granting permission.
- Affidavit: Sworn statement by the applicant parent explaining the absence of consent.
- Proof of relationship: Birth certificate of the child, marriage certificate (if applicable), and identity proof of both parents.
Eligibility Criteria for Child Passport / NOC
A Child Passport / NOC is applicable when:
- The child is below 18 years of age.
- One parent is deceased, untraceable, or refuses to sign the passport application.
- The parents are separated or divorced and the custodial parent wishes to travel with the child.
- A court order is obtained if the non-applying parent does not provide consent.
- The child's welfare is the paramount consideration, as held in Vijay Kumar v. Sunita Devi (Supreme Court, 2010) and Smt. Kavita v. Rakesh (Supreme Court, 2014).
Timeline for Child Passport / NOC
The timeline for a Child Passport / NOC depends on the court's schedule and the Passport Office's processing. The procedural stages include: filing the petition, service of notice on the other parent (if located), court hearing, issuance of order, and submission to the Passport Office. No specific duration can be stated as each case varies.
Fees for Child Passport / NOC
The government-prescribed fees for a Child Passport / NOC are as follows:
| Service | Fee (INR) |
|---|---|
| Fresh passport for minor (36 pages, 10 years validity) | 1,500 |
| Fresh passport for minor (36 pages, 5 years validity) | 1,000 |
| Tatkaal fee (additional) | 2,000 |
| Court filing fee (Family Court petition) | Varies by state (approx. 500–2,000) |
Note: Court fees are set by the respective state government and may change. No lawyer's fee is included above.
Governing Law
Frequently Asked Questions
What is a Child Passport / NOC and when is it needed?
A Child Passport / NOC is a No Objection Certificate required when one parent does not consent to the minor's passport application. It is needed in cases of separation, divorce, or when one parent is untraceable or deceased.
Can a child custody lawyer help with a Child Passport / NOC application?
Yes, a child custody lawyer can file a petition in the Family Court or High Court to obtain a court order directing the Passport Office to issue the passport without the other parent's consent.
What documents are required for a Child Passport / NOC?
You need the child's birth certificate, parents' identity proof, marriage certificate (if applicable), an affidavit explaining the absence of consent, and a court order if the other parent refuses.
How long does a Child Passport / NOC court order take?
The duration varies based on court workload and whether the other parent contests. No fixed timeline can be given. A child custody lawyer can provide a realistic estimate after reviewing your case.
Is a Child Passport / NOC required if both parents are separated?
Yes, even if parents are separated, both must consent for the child's passport. If one parent refuses, a court-ordered NOC is necessary. The court considers the child's welfare as paramount.
What happens if the other parent is untraceable for a Child Passport / NOC?
If the other parent is untraceable, you can file a petition in court with an affidavit stating the parent's whereabouts are unknown. The court may issue an order dispensing with their consent.
Can a Child Passport / NOC be obtained without a lawyer?
While it is possible to file the petition yourself, a child custody lawyer ensures the petition is correctly drafted and that the court order meets Passport Office requirements, reducing delays.
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