Yes to possible domestic violence accusations, and fraudulent U.S. passport consent does occur, most likely in use of a false notarization of your signature.
The consent requirements from the State Department are:
4. Parental Consent
Minors under age 16 cannot apply for a passport by themselves.
Both parents/guardians must appear in person with the minor and provide consent, authorizing passport issuance to the minor. If one parent/guardian is unable to appear in person, then the DS-11 application must be accompanied by a signed, notarized Form DS-3053: Statement of Consent from the non-applying parent/guardian.
If the minor only has one parent/guardian, evidence of sole authority to apply for the minor must be submitted with the application in the form of a:
U.S. or foreign birth certificate, Consular Report of Birth Abroad, or adoption decree, listing only the applying parent
Court order granting sole legal custody to the applying parent (unless child’s travel is restricted by that order)
Court order specifically permitting applying parent’s travel with the child
Judicial declaration of incompetence of the non-applying parent
Death certificate of the non-applying parent
By committing fraud (with a notary or fake notary stamp), identity fraud by using your ID or a fake ID to have someone else come and apply as you, getting a false birth certificate with only their name on it, a false death certificate, or a court order are some ways that it is possible. Many countries do not require both parent's consent. Getting the other country's passport has been the more likely course of action in the cases of this I have seen (from other countries, not India), but because of India's requirements detailed below, this may not be true here.
India appears to have certain rules against dual citizenship that apply even to children. The case where one parent is an Indian citizen and the other is not, is the only time it is allowed, but an affirmative act of accepting another citizenship, even if done by a parent, and even if required by the laws of the other country, will extinguish this dual status. Getting a U.S. passport is indicated that it will extinguish Indian citizenship. This thread (particularly post #8) has further details. http://www.immihelp.com/forum/showthread.php/91163-Dual-Citizenship-For-Indian-Children-below-18-Years
Because of this issue, both parents are required to show up in person at the Indian Consulate or Embassy to get a passport for a U.S. Born child.
What are the requirements for new passport for child born in USA to parents holding Indian Passports?
In such cases, the child can acquire U.S citizenship due to his place of birth being U.S.A. In case parents wish to obtain Indian passport for the child, birth registration with the Indian Mission is required before applying for passport for the newborn. Both the parents should sign a declaration of non-acquisition of an U.S nationality by the child and consent to issue of Indian passport to the child. You will need to submit Application Form duly filled in and countersigned by both parents. Copy of the record of landing or immigration document/PR card of the child and the parents would be needed. Also submit a copy of the birth certificate of the child showing the names of the parents. Personal appearance of the child may be required in some cases. Please also see the requirement for a normal Passport Re-issue case given above.
http://www.passport.blsindia-usa.com/faq.php#accordiontab-notifications-donec_pivinar10
The consent requirements from the State Department are:
4. Parental Consent
Minors under age 16 cannot apply for a passport by themselves.
Both parents/guardians must appear in person with the minor and provide consent, authorizing passport issuance to the minor. If one parent/guardian is unable to appear in person, then the DS-11 application must be accompanied by a signed, notarized Form DS-3053: Statement of Consent from the non-applying parent/guardian.
If the minor only has one parent/guardian, evidence of sole authority to apply for the minor must be submitted with the application in the form of a:
U.S. or foreign birth certificate, Consular Report of Birth Abroad, or adoption decree, listing only the applying parent
Court order granting sole legal custody to the applying parent (unless child’s travel is restricted by that order)
Court order specifically permitting applying parent’s travel with the child
Judicial declaration of incompetence of the non-applying parent
Death certificate of the non-applying parent
By committing fraud (with a notary or fake notary stamp), identity fraud by using your ID or a fake ID to have someone else come and apply as you, getting a false birth certificate with only their name on it, a false death certificate, or a court order are some ways that it is possible. Many countries do not require both parent's consent. Getting the other country's passport has been the more likely course of action in the cases of this I have seen (from other countries, not India), but because of India's requirements detailed below, this may not be true here.
India appears to have certain rules against dual citizenship that apply even to children. The case where one parent is an Indian citizen and the other is not, is the only time it is allowed, but an affirmative act of accepting another citizenship, even if done by a parent, and even if required by the laws of the other country, will extinguish this dual status. Getting a U.S. passport is indicated that it will extinguish Indian citizenship. This thread (particularly post #8) has further details. http://www.immihelp.com/forum/showthread.php/91163-Dual-Citizenship-For-Indian-Children-below-18-Years
Because of this issue, both parents are required to show up in person at the Indian Consulate or Embassy to get a passport for a U.S. Born child.
What are the requirements for new passport for child born in USA to parents holding Indian Passports?
In such cases, the child can acquire U.S citizenship due to his place of birth being U.S.A. In case parents wish to obtain Indian passport for the child, birth registration with the Indian Mission is required before applying for passport for the newborn. Both the parents should sign a declaration of non-acquisition of an U.S nationality by the child and consent to issue of Indian passport to the child. You will need to submit Application Form duly filled in and countersigned by both parents. Copy of the record of landing or immigration document/PR card of the child and the parents would be needed. Also submit a copy of the birth certificate of the child showing the names of the parents. Personal appearance of the child may be required in some cases. Please also see the requirement for a normal Passport Re-issue case given above.
http://www.passport.blsindia-usa.com/faq.php#accordiontab-notifications-donec_pivinar10
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