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  • Category: Parenting

    What is the law in India for a single unmarried mother?

    Want to know the laws for Indian single mothers? Looking out for whether she can put only her name for the child? You can read the advice from lawyers and know this law.

    There are various criminal cases running about rape and infidelity. More over surrogacy is taking boom for single parents who don't want to get married. What if a woman does not want to get married and wants to have a child. Do she take surrogacy approach or any other? And socially all the places father's name given but in single mother scenario is she eligible to give her name at all the places? What is the law for single unmarried mother for upbringing her child?
  • Answers

    4 Answers found.
  • Any female living in our country will have all common rights and responsibilities as per our constitution. They are all same for even a single unmarried mother also.

    As per the original law the male parent is the guardian for the child. The female parent is not having any authority and also don't have any independent legal status. In all the government records they have to mention the name of the father.

    But recently there was a change in this particular law. The highest place of Justice in India has given a verdict on this issue. As per this new law an unwedded female parent can be appointed as the sole legal guardian without asking for any consent from the male parent.
    The court opined that the safety of the child is more important here. A person who left the child without even knowing her or seeing her gone away from the responsibility need not be asked for giving any consent. Insisting the lady to disclose the name of the parent also amounts to taking away her rights in this democratic country.

    so as per this, a single unmarried mother can be the legal guardian of her children without any consent from her male counterpart.

    always confident

  • As per the law single mother is divorced or unmarried women. The legal issues for a single mother to be followed is that
    1) Physical custody: This means the court will grant permission for the child based on its education environment and which environment the child is growing. It also depends on joint custody care.
    2) Legal Custody: It determines the decision making to the child regarding its future.
    3) Child support: It determines whether your giving support to the child or you owe support.
    4) Co parenting plans: Its about if your a single parent and need support for any other parent.
    5) Paternity: Getting a biological father legally and hosting legal rights.
    6)Visitation: The the parent is willing she request for supervised visitation.
    7) stability and routine: At the last whether the parent is stable to give nurturing environment to the child.

  • The question is not fully clear. What is the relationship between rape/ifidelity and single unmarried mother? Although, the Indian society does not accept single unmarried mothers, but legally those mothers can become guardians of their own children. There is no legal bar in it unless the custody of such children is challenged.

    For example, we can recall that a daughter was born to a famous Indian female film-star of 1980s. She was not married. She became the guardian of the girl without any problem. The girl also carries her mother's (the film-star's) surname.

    Beware! I question everything and everybody.

  • In 2015 supreme court gave a landmark judgement in favour of an unmarried mother.

    As per the judgement the mother is the sole legal guardian of the child without the permission of the father.

    The court also ruled that it was not required from the mother to reveal the identity of the father.

    This has helped the unmarried mother to lead her and her child's life in a smooth way.

    Knowledge is power.

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