Poulami Mukherjee
Asked August 08, 2016

Birth certificate with Mother's name only

  • 1 Answer
  • 781 Views

I'm an unmarried mother. The father of the child is already married and have family of his own. He is unwilling to take responsibility of the child. Whereas I'm a well established working woman and is financially capable of taking responsibility of my child. How can I get the birth certificate of my child without father's name on it? What documents I need to provide to the issuing authority?

Answer 1

The Supreme Court, last year[1], has held that the father’s name is not necessary in a child’s birth certificate:

“If a single parent/unwed mother applies for the issuance of a Birth Certificate for a child born from her womb, the Authorities concerned may only require her to furnish an affidavit to this effect, and must thereupon issue the Birth Certificate, unless there is a Court direction to the contrary.”

Hence, you need not submit any special documents as such. The maximum the Authorities can ask from you is an affidavit saying that you are the mother.

 

Here are the steps to get a birth certificate[2]:

 

A. For Birth events occurring in Private Hospitals / Nursing Homes in Kolkata

1) Birth certificates can be obtained from the concerned office of the Borough Ex. Health Officer usually after 6 weeks from the date of birth, subject to the condition that all birth events are reported in prescribed registration format by the private hospitals / nursing homes within 21 days from the date of occurrence to concerned borough Ex. Health Officer as a mandatory requirement.

2) Name of child can be inserted at the time of taking birth certificates by the parent.

B. For birth occurring in Govt. Hospitals in Kolkata

1) Birth certificates can be obtained from the concerned Borough Health Office up to a period of 1 (one) year from the date of birth on production of medical certificate of birth issued by the hospital. 

2) Name of child can be inserted at the time of taking birth certificate by the parent

 

 

If the Authorities pose problems to you, you can register a complaint with the KMC. Here are the steps:

1. Submit an online Grievance (Link: https://www.kmcgov.in/KMCPortal/jsp/ComplaintNew.jsp) or Fill the Grievance Redressal Form with the relevant details.

2. Tear off and retain the lower portion of the form which will contain your Complaint No. For online submission, note the system generated Complaint No. 

3. Submit the form at any of the designated counters (or drop it in the complaint drop-box), in case the grievance is not submitted online.

4. Check status of your complaints at any of the designated counters by simply quoting your Complaint number or check the status online in this portal.

 

NOTE:

1. While applying for your child’s passport, note that only your child’s birth certificate and an affidavit declaring that you are the mother of the child (passport applicant), are enough, as per the statements of the Ministry of External Affairs.[3]

2. The Supreme Court has also held that an unwed mother must be recognized as the legal guardian of her child and she cannot be forced to name the father, nor does she need his consent, while deciding guardianship rights.[4]

 

 

[1] ABC vs. State (NCT of Delhi). Available at https://indiankanoon.org/doc/162566950/

[2] Official Site of the Kolkata Municipal Corporation, https://www.kmcgov.in/KMCPortal/jsp/KMCBirthDeathHome.jsp

[3] http://timesofindia.indiatimes.com/india/Kids-passport-Unwed-mothers-need-only-birth-certificate-clarifies-MEA/articleshow/45001305.cms

[4] ABC vs. State (NCT of Delhi). Available at https://indiankanoon.org/doc/162566950/

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