How to get a child passport with one parent absent
Obtaining a child passport when one parent is absent can be a more complex process, and it typically involves specific documentation to ensure the child’s safety and the rights of both parents are considered. The requirements may vary based on your country’s regulations, so it’s crucial to check with the passport issuing authority in your country for the most accurate and up-to-date information. However, here are general steps that may be applicable in many countries:
- Legal Custody Documentation:
- If one parent is absent, the parent applying for the child’s passport may need to provide legal proof of sole custody or consent from the non-applying parent. This could be in the form of a court order, a legal declaration of sole custody, or a notarized consent form from the non-applying parent.
- Notarized Consent from the Absent Parent:
- In cases where the non-applying parent is not present, some countries may require a notarized consent form from the absent parent. This form typically includes the absent parent’s consent for the child to obtain a passport and travel internationally.
- Special Circumstances:
- In situations where obtaining consent is not possible due to the non-applying parent being unreachable, incapacitated, or a potential threat to the child’s safety, you may need to consult with legal authorities or the passport issuing agency to discuss your specific circumstances.
- Documentation of Absence:
- Some countries may require documentation explaining the absence of the non-applying parent. This could include evidence of efforts to locate the non-applying parent or a statement detailing the reasons for their absence.
- Complete Passport Application:
- Fill out the passport application form for minors. Provide all required information, including the details of the absent parent and any legal documentation you have.
- Visit the Passport Office:
- Schedule an appointment or visit the passport office in person to submit the application. Bring all necessary documentation, including proof of legal custody or consent, notarized forms, and any additional required documents.
- Pay Fees:
- Pay the applicable passport fees. Fees can vary, so check with the passport office for the specific costs involved.
- Passport Processing Time:
- Be aware that the processing time for a child’s passport can vary, so apply well in advance of any planned travel.
How to get a child passport with one parent absent
Remember that passport requirements can vary, and it’s crucial to check with the passport issuing authority in your specific country for accurate and up-to-date information. Additionally, seeking legal advice may be beneficial in situations where the absent parent’s consent is challenging to obtain.
If the name of both parents is on the child’s birth certificate, the signature of both will be required to process the passport. You will need to prove that you are the parent or have legal custody of the child. In some situations, this is not a problem, but in other cases, it is something different, for example, when nothing is known about one of the parents. You want to take your child on vacation outside the country; when processing the passport, the first thing you will be asked for is the parent’s signature.
If your situation is something similar and you do not know where the father or mother of the minor is, then your child will not be able to obtain a passport. There are options by which you can obtain legal custody of the minor, and thus the signature of both parents will not be necessary, but only of the person who has legal custody.
These options depend on the situation in which you are living.
For example, if one of the parents has died, then it is necessary to present the death certificate of the deceased father or mother. If the child was adopted and you are trying to get a passport for the child, it is a slightly different process because different documents are required to provide the relationship.
How to get a child passport with one parent absent
To obtain legal custody, it is necessary to expose the case in front of a judge so that he signs the custody order.
This procedure is a whole process that must be carried out step by step. You must consult with an attorney about your situation before you file with the Court to be fully informed of your benefits and have a clearer idea of the options available to you.
As a general rule, to obtain a US passport for a minor, the presence and consent of both parents or, where appropriate, the guardian or legal guardian is necessary.
However, the law recognizes important exceptions to this general rule since it is sometimes very difficult or impossible for both parents to accompany the child to apply for a passport. For example, when they do not speak or cannot locate one of them.
Key points: the presence of parents to request a passport for a minor in the US
General rule: the presence and consent of both parents is necessary
Exceptions: non-shared custody, one of the parents cannot be located, they can’t appear, or one of them refuses to consent to this procedure. Cases of In Loco Parentis (in the place of the parents).
Passport and passport card cost: 16 years or older, 15 years or younger. First time/renew. Urgent processing fee and courier service.
The general rule on the presence of parents to apply for a US passport for children
The general rule is that the consent of both parents is needed to obtain a US passport for a minor child.
The consequence of this rule is that to apply for a US child’s passport, both parents must appear with the child at the Passport Application Acceptance Office or Agency if they are in the United States or at a consular office if they are in the United States. another country.
Exceptions to the rule of the joint presence of the father and mother
The regulations allow three exceptions to this general rule of the mandatory presence of both parents in applying for a US passport for a minor child.
In the first place, the father and mother’s presence at the passport application Office or Agency or the consular office is not required when it can prove that one of the parents has sole custody of the child.
The accepted documents are the following:
- Birth Certificate (long form) or Consular Report of Birth Abroad of the child in which only the name of the father or mother appears.
- Death certificate of one of the parents.
- Declaration of a Court establishing that one of the parents is incompetent for legal matters.
- An adoption certificate is when only one man or woman adopts the minor.
- Court order granting custody to the father or mother.
However, in the latter case, the court document may expressly prohibit the custodial parent from having the right to apply for a passport for the child. If that is the situation, you will not be able to apply for the child’s passport without the other parent.
How to get a child passport with one parent absent
Secondly, the presence of both parents is not mandatory when the father and mother have joint custody of the minor. Still, one can’t accompany the child to carry out the passport process. But for this, the parent who is not accompanying him must complete the DS-3053 form.
Fill in all sections from 1 to 4a, leaving sections 4b and five blanks. In addition, you must obtain a notary’s signature and present it at the passport application office or consulate. Also, bring a legible photocopy of an official ID of the absent parent.
Third, it is even possible that none of the parents accompanies the infant. In this case, the parents must make a sworn statement before a notary granting in favour of another person, such as the grandmother or an uncle, the power to accompany the child and represent the parents for that specific matter. It is what is known as In in place of parents.
Do I need custody to process my child’s passport?
There are special rules for obtaining a passport for a child under 16 years of age. They exist to prevent international child abduction. The rules can be confusing, particularly for parents who are no longer together. Many parents believe that “full custody” is needed to obtain passports. It is not necessarily so. Both parents can consent to the passport, one parent can show that he has the authority to get the passport himself, or one can ask the government for permission to obtain the passport without the other parent.
Both parents consent.
Friends, both parents or guardians can go together, in person, to apply for their child’s passport. If a parent cannot apply in person, she may express her consent by completing Form DS-3053 and signing it in front of a certifier. The consent form is valid for three months. The parent who will appear in person to process the application must bring the consent form completed by the other parent to the passport office.
One of the parents proves that they have the legal authority to obtain the passport independently.
There are cases where the child has only one legal parent or where the child has two legal parents, but one has the authority to decide without the other. For example:
- One of the child’s parents died.
- The child’s adoption decree or birth certificate names only one parent.
- A judge declared that one of the parents was incompetent.
- There is a court order that gives legal custody to only one parent. Legal custody is the decision-making authority. It is not about where the child lives. Read custody orders carefully. Even if a parent has legal or physical custody, the court order may specify that they cannot travel with the child.
- Or, conversely, the court order may specify that a parent may travel with the child, even if they do not have legal custody or physical custody.
In either of these situations, the parent applying for the passport must bring the court order, birth certificate, or death certificate to the passport office.
One parent requests permission from the US Department of State to obtain a passport without the other parent.
Those who cannot obtain the other parent’s consent and who do not have the authority described above can explain the situation on Form DS-5525. The father asks the government to make an exception to the usual rules. It may be due to an emergency that affects the health or welfare of the child. Or, it could be because it is tough to get the other parent’s consent.
If one parent cannot locate the other, he will need to explain his efforts to find him. Remember, the rules about children’s passports were made to prevent international abduction. The Department of State may request more information or documentation of the circumstances before granting this special permission or denying the parent’s request.
All parents applying for their children’s passports must pay a fee, complete an application (Form DS-11), and provide:
- proof of the child’s US citizenship
- evidence of parental relationship to the child
- parent/guardian photo ID
- child’s passport photo
All forms must complete in English. The documents must sign in front of a passport agent, but it is advisable to fill in the other information in advance.
How to get a child passport with one parent absent
More details about children’s passports are available on the US Department of State website.
What happens when both parents have custody but one parent refuses to consent or cannot be located?
It is expected that in cases of unfriendly separation or divorce, one of the parents refuses to give consent for the typical children to apply for a passport.
As long as both parents have custody, the parent who wants their children to have a passport can explain this problem in item 5 of the DS-3053 form. Your explanation may or may not be accepted.
As a final resource, you can always ask for a court order to obtain the authorization of the other parent. But the Court will only rule that the minor can apply for the passport if the intended trip abroad is in the minor’s interest and there is no risk that the little will retain abroad.
It is about preventing one of the parents from traveling with the children to another country and not returning to the United States. If this were to occur, it would be a crime of international child abduction.
It may also happen that one parent cannot locate the other parent to ask for consent. In this case, the solution is to fill out the DS-3053 form, leaving sections 4a and 4b blank and expanding in section 5 as much as possible, explaining the steps taken to locate another parent.
Presence of the minor
When applying for a passport for an American child, stringent rules must follow regarding their presence in the office where the process is carried out, both for renewal and for applying for the first time. As a general rule, the child must be present for this procedure, even if it is a baby.
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Cost and forms to apply for a U.S. passport or passport card for a minor
With the U.S. passport, U.S. citizens can leave and enter the U.S. through any immigration steps. On the contrary, it is only possible to use land or sea immigration controls to/from Mexico, Bermuda, Canada, and the Caribbean with a passport card.
Each person can choose one document or the other, depending on their needs. According to the Department of State, the cost to first apply for or renew a minor’s passport or passport card is as follows:
U.S. passport for the first time:
- 16 years and older: $110 application fee plus $35 execution fee
- Age 15 and under: $80 application fee plus $35 execution fee
Passport card:
- 16 years or older: $30 application fee plus $35 execution fee
- 15 years and younger: $15 application fee plus $35 execution fee
If you want to apply for the passport and the passport card simultaneously, you must pay the application fee for both documents, but only one application fee. Thus, children between 16 and 18 years old pay $140 for both documents as an application plus $35 for execution. That is a total of $175.
In the case of children 15 years of age or younger, if both documents are requested, they would have to pay $95 per application plus $35 for execution.
The application fee is paid to the United States Department of State, while the execution fee, also known as the acceptance fee, is paid to the Acceptance Office that handles the process.
Renewal cost:
- Sixteen years and older: $110 per passport and $30 per passport card.
- 15 years old or younger: same rates as when applying for the first time
Extra costs in the passport application:
- Rush Processing Fee: $60
- Expedited courier delivery fee: $16.48
This last service is only possible within the United States. Not available for passport cards.
Passport Application Forms
- Minors 15 years old or younger: DS-11, to apply for the first time and renew
- 16 years or older: DS-11 to apply for the first time, DS-82 to renew
What to do when the passport does not arrive
The delay may fall within the expected deadlines since there is a big difference if the ordinary procedure is followed or if you pay for an urgent process.
But it can also happen that it gets lost in the mail. In this case, it is necessary to report this incident so that the authorities reissue another one at no cost.
Documentation for border crossing
Once you have a passport, it is the best document for an American citizen to cross borders, not only those of other countries but also to leave and return to the United States.
However, in some minimal cases, a passport is unnecessary, and other alternatives to enter the United States are allowed. However, the best option is always the passport or, in your case, the passport card.
It is also essential to consider what documentation can be requested when an infant travels internationally without being accompanied by both parents.
Finally, before traveling to another country, check the passport’s expiration date, since those children expire after five years if they were issued before their 16th birthday. If they have already reached that age, the passports are valid for ten years.
Also, check if you need a visa for the country you will travel to.
This article is informational only. It is not legal advice for any specific case.
How to get a child passport with one parent absent
