Parents frequently ask whether one parent can obtain a child’s passport without informing or securing permission from the other parent. The answer depends on various factors, including the family’s legal status and custody orders.
Consent requirements for children under 16
In the United States, federal regulations generally mandate both parents’ consent before a passport can be issued to a child under 16. This rule aims to prevent international child abduction and ensure that both parents remain informed about their child’s potential travel plans.
Married parents
When parents are married, both typically must appear in person at a passport acceptance facility to sign the application. Alternatively, one parent may appear with a notarized statement of consent (Form DS-3053) from the other parent. These steps confirm that both parties agree to the passport request.
Unmarried or divorced parents
Unmarried or divorced parents face similar consent requirements. If both names appear on the child’s birth certificate, each parent must grant approval unless one has sole legal custody. A parent holding sole legal custody can proceed with the application alone, but supporting court documents, such as custody rulings, must be presented.
Special circumstances
Certain exceptions permit one parent to obtain a passport without the other’s consent. If a court has awarded sole legal custody, the applying parent can show the relevant custody order. If the other parent is unavailable or refuses to consent, the applying parent may petition the court for an order authorizing the passport. In rare emergencies, the U.S. Department of State can expedite or waive the consent requirement if strong proof exists that contacting the non-applying parent is impossible or poses serious risks.
Potential legal consequences
Attempting to bypass the other parent’s consent outside these established rules can lead to denied applications, legal disputes and potential changes to custody arrangements. Courts generally frown upon any effort to circumvent the consent process and view it as contrary to the child’s best interests.
Obtaining a passport for a minor without the other parent’s knowledge is typically not feasible unless a legal or emergency exception applies. Parents should review custody orders, gather necessary documents and follow federal guidelines to avoid legal complications.