If the father is denying paternity and refusing to provide documents for the birth certificate and passport, the mother still has legal options to complete the process independently. Here is a step-by-step approach to get both documents legally.

1. How to Obtain the Birth Certificate Without the Father’s Aadhaar or Consent?

If the Birth Was Registered at the Hospital:

• Visit the Municipal Corporation or Gram Panchayat where the birth was recorded.
• Submit a self-declaration affidavit stating the father’s refusal to acknowledge the child.
• If the hospital issued a Birth Report, submit that along with the application.

If the Birth Was NOT Registered at the Hospital (Delayed Registration):

• File a Delayed Birth Registration Application at the municipal office.
• Submit supporting documents like:

  • Mother’s Aadhaar, PAN, or Passport.
  • 
    Affidavit stating father’s refusal to provide documents.
  • 
    Hospital Discharge Summary (if available).
  • 
    Proof of delivery from the doctor or midwife.

Legal Drafting Service:

• I can draft the self-declaration affidavit, legal notices, and follow-up letters to ensure the municipal authority registers the birth without the father’s details.

2. How to Get a Passport for the Child Without the Father’s Aadhaar?

Apply Under Single Parent Category:

• Under the new passport rules, a single mother can apply for a child’s passport without the father’s consent.
• In the passport application, select the option for "single parent" and provide only the mother’s documents.

Required Documents for Passport:

• Birth Certificate (without father’s name, if required).
• Mother’s Aadhaar, PAN, or Passport.
• Affidavit under Annexure C (stating the father is uninvolved and uncooperative).
• School ID or doctor’s certificate (as additional proof of the child’s identity).

Legal Drafting Service:

• I can draft the Annexure C affidavit, legal notices (if needed), and handle any objections from the passport office.

3. If the Father Is Mentally Harassing the Mother

File a Complaint for Domestic Violence (If Needed):

• If the father is harassing or mentally torturing the mother, she can file a Domestic Violence (DV) complaint under the Protection of Women from Domestic Violence Act, 2005.
• This can include restraining orders and legal protection for the child.

File a Petition for Sole Custody (If Needed):

• If the father is denying the child and creating legal hurdles, the mother can file a petition for sole custody under Guardians and Wards Act, 1890.

Legal Drafting Service:

• I can draft and file domestic violence complaints, sole custody petitions, and police complaints for harassment.

Since the father is creating unnecessary hurdles, legal action can be taken to ensure the child’s rights are protected.

Call or WhatsApp me at -   Nine Five Nine Two Five Zero Zero Zero Six Eight for a paid consultation, and I will handle the entire process for you.

aadhar number is a public documents and by giving particulars it can be extracted. As such no acceptance of father does not matter and is irrelevant. 

You cannot make birth certificate, but have to apply for it before the authority concerned.

The information of the birth would have already reached the concerned authority through the hospital sources.

You may as the mother of the child can apply for issue of birth certificate by complying with other requirements but within the stipulated time period.

Once you have obtained the birth certificate you can directly apply for passport also by attaching annexure C and an affidavit declaring that you are now single parent and that you and your husband are living separately due to dispute.

You can put your details in the same. You can get his documents under RTI from any govt organisation 

Are you separated from your husband

The Supreme Court has ruled that if a single or unwed mother applies for a birth certificate and files an affidavit seeking to withhold the father's name, the certificate must be issued without insisting on the father's identity 

3) then apply for passport for child 

1. If the birth took place in any hospital Government or private, they will give extract from their birth register of the date of birth and name of mother. With such extract you can approach Registrar of Births of the Municipal Corporation and obtain birth certificate by submitting application form.
2. If the birth took place in private house, you need to approach Tahasildar/Executive Magistrate  of the city. Submit an application under Registration of Births and Deaths Act for direction to Registrar of Brith, Chandigarh Municipal Corporation with enclosing affidavit of mother, two affidavits of witnesses and indemnity bond paying prescribed fee.
3. Executive Magistrate will issue direction to the  Registrar of Births to issue such certificate.
4. Any consent of father is not necessary for obtaining birth certificate  of child.

You have following remedies against his mental torture

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

• attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

• Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
5. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
6. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
7. Under Hindu Minority and Guardianship Act, 1956, mother is natural guardian and custodian of child till it reaches age of five years with visiting rights to father. Thereafter, father  is natural guardian and custodian of child with visiting rights  to mother .
8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son/daughter.

Dear Client,

If the father is refusing to provide his necessary documents and thus refuses to acknowledge the child, it does not prevent you from applying for a birth certificate as long as you take your documents to the local Registrar of Birth and include a notarized affidavit explaining your circumstances. The courts and registrars do allow the process to be continued upon mother's application if the father hasn't cooperated, especially where the mother can show proof of his attitude of non-cooperation and mental harassment. For the passport, you may need to submit a similar affidavit and, in some cases, a court order allowing you a sole custody order or some parental duty for processing the passport without the consent of the father. It is better to consult a family law expert who can guide you through the whole process and file any petitions needed to protect the child’s interest. You may also think of going to the Child Welfare Committee for any condition that gets worse. 

I hope this is helpful. Please feel free to reach out for any legal query.

- As per Supreme Court, Father’s name not needed for birth certificate, passport and school purposes, and it is no longer necessary to state the name of the father in applications seeking admission of children to school, as well as for obtaining a passport for a minor child.

- Further, direct that 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 not refuse for taking admission on this ground. 

- Hence, you can get the birth certificate without the assistance of his father. 

Birth Certificate & Passport Without Father’s Documents

If the father denies providing documents or refuses to accept the child, the mother can still get the birth certificate and passport through legal procedures.

1. Getting the Birth Certificate

• 
  Hospital Records: If the child was born in a hospital, get the discharge summary and birth record from the hospital.
• 
  Municipal Authority: Apply for the birth certificate at the municipal corporation (or panchayat) where the child was born.
• 
  Father’s Name Not Mandatory: You can leave the father's name blank or write “By Mother's Name” as per Supreme Court rulings.
• If there’s a delay in registration, submit an affidavit and proof of birth (hospital records).

2. Applying for a Passport Without Father’s Details

• As per MEAI guidelines, a single mother can apply for a passport for the child:

  • Select “Single Parent” in the application.
  • Provide an affidavit (Annexure C) stating that the father is absent/unwilling to provide documents.
  • Submit the child’s birth certificate, mother’s Aadhaar, and legal custody papers (if applicable).
    
  • Police verification will be done at the mother’s address.

3. Legal Protection Against Harassment

• If the father is mentally torturing, you can file a Domestic Violence (DV) case or seek protection under Section 498A IPC.
• A child custody petition can also be filed if he tries to create issues later.

Next Steps

1. 
   Apply for the birth certificate immediately (without father’s details).
2. 
   Use birth certificate + mother’s Aadhaar for the passport application.
3. 
   If father harasses you, file a police complaint or DV case.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

File a complaint before the respected police station. File a divorce petition, complaint u/s 12 of domestic violence act and application u/s 125 of Crpc before the family court.

Are you legally married to him?

1. Approach the Birth Registrar in this regard,

2. The passport of the child can be issued to even a single parent. Rules have been amended in this regard now.