Q.1032 Child born in India to

British parents . . .

Question: Hi I have a quaestion if a child born in india to british parents , can apply for Indian passport in India after birth in India. So we can apply for ROA certificate in Indian passport for child ? Also is it mandatory to have OCI ? Thank you Please note both parents are British. Best Regards Naseeb Answer: A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other parent not in India in an illegal capacity. [In India without a visa or overstay of visa] As you are both British citizens your child if born in India would not qualify for Indian citizenship by birth under Section 3 of the Indian citizenship act.