Children under the age of sixteen are not issued passports without the consent of both parents. The Two-Parent Consent Law was revised in February 2008 to include all children 16 and under, and not just children 14 and under.
Both parents must be personally present for the passport application submission, to provide identification and original birth certificates. If one parent can provide the other parents’ notarized consent form, then the passport can be obtained with the presence of only one parent, who must still present identification and an original birth certificate for the child applicant.
The Department of State provides for exceptions to the requirement of either both parents’ presence, or the notarized consent of a non-presenting parent as follows:
*Child’s birth certificate lists only one parent
*Child born abroad
*Custody order granting sole legal custody (and not restricting the child’s international travel)
*Adopted child with only one adoptive parent
*Court order specifically authorizing the child’s travel
*Judicially declared incompetence of the non-applying parent
*Non-applying parent is deceased.
If the applying parent or guardian cannot obtain the written consent of the non-applying parent, the applying parent may make a statement under oath explaining the special circumstances that would warrant issuing the passport.
False statements made knowingly and willfully on passport applications, including affidavits or other supporting documents submitted with the application are punishable by fine and/or imprisonment under Federal law.
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David Centeno, Esq.
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