Comments for Can my minor children get passports without their fathers consent?

Criminal Restraining Order
by: Elisa

Question: Hello, my daughter's father is on the birth certificate, however, I have a permanent criminal restraining order against him. How do I get a passport for my child?

Answer: Hello, Elisa. You may submit Form DS-5525 plus a copy of the restraining order with the rest of the requirements for your child's passport.

Since you are not allowed to be in contact and proximity of the father, this should be considered special family circumstance.

If you'd like more information on the matter, you may contact the NPIC at 1-877-487-2778.

Passport application for minor with protection order
by: Jane White

Question: Hi there.

My baby was born in Mexico in Sept 2022. I was never married, the dad of my baby is on my baby's birth certificate.

I have two domestic reports filed in Mexico, latest one was in July 2023 by which I obtained a protection order which is valid as long as the risk exists.

The dad and I have lived separately since the end of March 2023. He has refused to give consent for me to apply for my baby's passport. May I know what documents I can shall provide to apply for my baby's American passport?

Thanks and I appreciate your opinion.

Best regards,
Jane

Answer: Hi, Jane.

You will need the following to apply for your child's passport:

1. Consular Report of Birth Abroad (original or certified copy)
2. Form DS-11
3. Proof of parental relationship (child's original birth certificate and a certified translation)
4. Photocopy of your ID
5. Form DS-5525
6. Copy of protection order
7. One passport photo of the child
8. Payment for fees

If you are in the United States, you need to submit these in person at a local passport office. If you are overseas, you need to contact the closest U.S. Embassy or Consulate.

FOC not on the birth certificate but have a court order
by: Anonymous

Question: The name of my daughter's father isn’t listed on her birth certificate due to us establishing a paternity test first. We never got it added on, but he is dad, and we do have a court order (he has 40% custody).

During the time we were establishing paternity, and she was around a year old I was able to have a U.S. passport issued to me without providing any additional documentation about dad. She is now 7 years old, and her dad is currently in Mexico for the next 3 weeks and our emergency passport issuance appointment is scheduled 2 weeks away. Dad doesn’t think he can get parental consent notarized and mailed to me in time.

A representative on the travel state.org hotline said I didn’t need him present or consent if he is not on the birth certificate. Is this true? What are my options?

Answer: The birth certificate listing you as the only parent is sufficient proof of sole legal custody. You may apply for your child's new passport without the father's presence or consent.

Minor passport without dad
by: Shamika

Question: If there is a court order of protection against my child's dad, does he have to be there for me to get a passport for my son?

Answer: You may submit Form DS-5525 plus a copy of the protection order with the rest of the requirements for a child's passport. If accepted, the father does not have to be there.

Minor Passport
by: Anonymous

Question: I have a minor child (1-year-old) and the father is on the birth certificate. I currently have bond conditions against the father regarding domestic violence. Can I still get my child a US Passport?

Answer: Yes, you may apply for the child's passport. Please submit all documents pertinent to you case when you apply under special circumstances.

CPO in place with non us citizen on J1 Visa / waver in process of H1B visa
by: Anonymous

Question: Hello, I have a 5-year protection order for my child and myself. Never married. The child & I are US Citizens. Dad is on birth certificate & signed affidavit of parentage at birth in the States. Dad’s trying to revoke parental rights and have his name removed from the birth certificate (nothing finalized with the courts at this time). He’s a non-US citizen here on the J1 Visa/Waiver soon to be on the H1B Visa through work.

Do you need the consent of a non-US resident parent to get your US resident child a US Passport? I see I can file paperwork explaining my situation because of the restraining order & no contact for 5 years. What if the parent is deported/ loses a visa?

Answer: The CPO should suffice for applying under special circumstances in which case you will not need the father's consent to apply for the child's passport. However, he may protest against it and since he is on the birth certificate, you technically share legal custody. His citizenship and visa status will not be relevant.

Need kid 's passport
by: Shan

Question: My daughter is 12 and her dad got put on her birth certificate by child support. I have not been able to locate him for 3 years now. How can I get her passport without him?

Answer: Unless you petition the courts for sole legal custody, you need the father's consent to apply for your child's passport. You have to attempt contact with the father; social media is often a good place to begin your search.

Minor passport
by: Rich

Question: I'm a single parent and relocated due to domestic violence with a temporary order of protection. The other parent signed the form the first time. Now she refuses to sign again. What should the next step be? I tried emailing and calling the # but no response for what I needed.

Answer: You may submit Form DS-5525 and a copy of the protection order with the rest of the requirements. These types of applications are approved on a case-by-case basis but as long as you provide a thorough explanation and enough documentary evidence, it should be okay.

Child under 16
by: Anonymous

Question: Hi. I have a 16-year-old and a 13-year-old. Their father is on the birth certificate. We were never married therefore we do not have a divorce decree. He initially signed for their passports in 2016. He is not an involved father. I have not heard from him since 2016. I have tried to reach him and his phone number is disconnected. I have tried to call his work phone number and he no longer works there. I had tried sending letters to his address and he never responded. I am in a different state now.

I am trying to re-apply for their passports. Will Form DS 5525 work? I’d hate to pay $100 per child and not be approved by the Dept of State.

Answer: Your 16-year-old may apply with just your signed statement of consent or awareness. At 16, he/she will now be applying for an adult passport so he/she needs a valid government-issued ID. The 16yo will not need DS-5525. The fee for an adult passport is $130 plus the $35 execution fee.

As for the 13yo, you may submit Form DS-5525 with proof of your failed attempts to contact the father. Applications like this are subject to scrutiny and it may or may not be approved.

Renew minor passport with protection order?
by: Anonymous

Question: My child's passport is expired and I currently have an active protection order for myself and the child against the father. We are not married I don’t have sole custody and he doesn’t have sole custody but I take care of the kid financially and the child lives with me. Can I apply for a new passport for my kid? Please help!

Answer: You may submit Form DS-5525 and a copy of the protection order. In the form, explain your circumstances in as much detail as possible.

The rest of the application requirements are:

1. Form DS-11
2. The child's original birth certificate (or certified copy) plus a photocopy
3. A photocopy of your government-issued ID
4. One recently-taken passport photo of the child
5. Payment for fees:
-Application fee: $100
-Execution fee: $35
-1 to 2 days delivery: $18.32
-Expedite: $60 (optional)

You need to pay the execution fee (separately) to the passport agent who accepts your application.

Schedule an Appointment

Note that current processing times are as follows:

Standard: 8 to 11 weeks
Expedited: 5 to 7 weeks

These times do not include the time it takes for the application to reach the processing center and then your mailing address once the passport is issued.

Also note that this does not guarantee that a passport will be issued to your child. Applications of this nature are subject to scrutiny and there is a chance that it will be denied.

PFA Order
by: Anonymous

Question: I currently have a PFA Order against my child’s father but only my name is on the stay-away order, not my child’s. Can I still apply for my child’s passport without his consent?

Answer: Please contact the NPIC at 1-877-487-2778 regarding your concern.

Passports and order of protections
by: Anonymous

Question: How can I go about obtaining a passport signature from dad if my kids as well as myself have a full stay-away order of protection against him? He is not allowed to be near me or the children.

Answer: You may submit Form DS-5525 plus a copy of the stay-away order issued by the courts. These must be submitted for each child's passport application.

TPO Dismissed
by: Anonymous

Question: I was placed on temporary protective order but the case was dismissed. But now every time at custom check, I am flagged for secondary checks. How do I get the protective order removed from my passport?

Answer: Please call the NPIC at 1-877-487-2778 regarding your concern.

American embassy
by: JesenaAnonymous

Question: Good morning. I want to take out a passport for my newborn and I have to travel. My husband was supposed to notarize the form DS 3053. We have contacted the American embassy in so many ways to make an appointment so he can go and notarize the form but they are no appointments at this time. I have contacted them through phone and e-mail and I have to travel. He lives in the Dominican Republic. My daughter was born here in the U.S. What can I do?

Answer: The form needs to be notarized at the U.S. Embassy. Your husband may try having it notarized by a local notary public but you stand the risk of having the application rejected. I suggest you keep trying to get an appointment at the embassy.

DS- 5525
by: Anonymous

Question: My son's father is an absent father. I couldn't locate him for more than 7 years until recently. I found out that he is imprisoned. Can I do my son's passport without his consent?

Answer: Since the father's whereabouts are known, you cannot use DS-5525.

Prisoners have access to notary services. You can reach out to the father so he can complete Form DS-3053 and then file a formal request for notarial services in the prison. Once this is done, he can give you the actual notarized consent, and then you can submit it with the rest of the requirements for your child's passport.

I have an old no contact by any means order of protection.
by: Anonymous

Question: I have an old order of protection (no contact by any means with me & both children on it) & I have police reports also he has a warrant. I didn’t know that after my last order of protection that I could’ve asked for another so I lied & said me & my children moved to another state. I was trying to get away from the abuser & stop him from stalking us. It has worked so far. We have not had any contact with him. So there is nothing up to date.

Can I use my old paperwork to get my daughter a passport?

Answer: As a general rule, documents to support a passport application must be up-to-date or valid. Please contact the NPIC at 1-877-487-2778 to find out if you can use your old documents considering your situation.

No
by: Amy

Question: My son's father is not in the picture, and never signed the birth certificate or attempted to declare paternity. My son is now 7. Does this qualify as sole custody for obtaining a passport or do I need a court order? I am avoiding involving the court if possible.

Answer: If the child's birth certificate does not have the father listed, it should be enough proof that you have sole legal custody. This means you can apply for your child's passport without the other parent's presence or consent.

Order protection
by: Anonymous

Question: Hello I have a 3-year-old. I am the custodial parent and my baby's father has an order protection against me and we have not seen each other in two months and he is not allowed to be near me.

I need to get a passport because I work for my mom and she’s gonna be traveling to the Dominican Republic and Italy and I need an appointment for me to get my daughter's passport. I have the 5525 form I have proof of the order protection so I need to know if I’ll be able to get my baby's passport. I have all the proof that I need.

Answer: Applications submitted with Form DS-5525 are approved on a case-by-case basis. As long as you can provide sufficient proof of the child's current situation, a passport will likely be issued.

Non involved parent on parole
by: Anonymous

Question: My daughter's father has never been in her life but he is on the birth certificate. I am trying to get her a passport to visit my father who is ill and has always been her father figure.

I've never known anything about her biological father. I recently found that he was incarcerated but is out on parole. I am planning to file for DS-5525 which has an option for while he is incarcerated, does he still need to sign if he is out on parole?

Answer: Since you technically still share legal custody of the child, his consent or presence is still required for the child's passport application.

Lifetime Protective Order
by: Anonymous

Question: I have a lifetime protective order in place for myself and my two children against their father due to a domestic violence case. Supervised visitation is allowed for a couple of hours on Sundays. Will the father still have to be involved to obtain my son's passport application?

Answer: The situation can be tricky. On one hand, you have the protection order which you can use with Form DS-5525. On the other, you can ask the father to provide consent during the supervised visitation.

If you submit the protection order with DS-5525 and the order includes the conditions for supervised visitation, it is possible that the application will be denied because you are technically able to get consent from the father. The protection order is not, after all, equivalent to a sole legal custody order.

We recommend contacting passport services at 1-877-487-2778 to find out what the best course of action is to get your child's passport. You may also send an inquiry email to NPIC@state.gov.

If you are planning to travel, we strongly recommend waiting until you all have passports in hand before making final travel arrangements.

passport
by: Anonymous

Question: Hi, would I be able to get my kid's passport without the father? He got deported 6 years ago and since then, we have no communication with him.

Answer: The father's consent is still required even if he was deported. What you can do is try to establish contact; social media is usually a great place to start.

If after your efforts you still cannot locate the father, you may submit Form DS-5525 with the rest of the requirements for the child's passport. You need to explain the situation as thoroughly as you can and provide proof of your attempts to contact the father to increase your chances of approval. Please note that applications of this nature may or may not be approved.

FRO
by: Anonymous

Question: I have a final restraining order against my daughter's father. We still share custody and he has visitations with her. We can’t be near each other. How do I go about renewing her passport if we can’t be in the same place at the same time to sign the paperwork? He is not against renewing her passport but we can’t be near each other.

Answer: He can complete Form DS-3053 and have it notarized. Once this is done, he may give the notarized consent plus a photocopy of his ID to the child or social worker (if applicable) during visitation. The child/social worker can then hand the consent and ID photocopy to you.

Once you have the consent form and ID, you can submit the application for your child's new passport. The father does not have to be present when the application is submitted because he already provided the notarized consent.

Please Help
by: Anonymous

Question: I recently got granted Full Custody/Child Support and a Restraining Order against the father of my two minor Children. Am I still required to have him present to renew their passports? Or have some type of permission from him to renew?

Answer: You may apply for the children's passports with Form DS-5525 and a copy of the restaining order. Explain your family situation in as much detail as you can so the processing agent will approve the application.

You need to submit Form DS-5525, a copy of the restraining order and the rest of the requirements for each child. Both children must also be present when the application is submitted.

Passport for minor with out fathers consent
by: Anonymous

Question: I have been named custodial parent of my daughter and the father is a non custodial parent. We have a 3-year order of protection against each other and he doesn’t show up to any court dates.

We are supposed to be going to child support court and he doesn’t show up to them . So they just keep getting rescheduled. He’s also a felon on felony parole but didn’t turn his address into his parole officer so I’m pretty sure he’s in trouble. Can I apply for a passport for my daughter without his consent? I want to travel but I trust no one else watching my daughter and want to take her with me to any vacations I go to.

Answer: You may apply with Form DS-5525, a copy of the protection order and the rest of the application requirements for a child's passport. While it is not guaranteed that a passport will be issued to your child, this is the best way to do it. You may contact passport services at 1-877-487-2778 for more information.

Passport Renewal for Minor with TRO
by: Anonymous

Question: I have a temporary restraining order in effect for me and my daughter which has been renewed each month and is expected to become permanent. Can I renew her passport without the other parent now or must I wait until it becomes permanent?

Answer: You should be able to apply now and use the TRO. We recommend calling the NPIC at 1-877-487-2778 to make sure that you will not need anything else for the application.

Illegitimate Child, US passport
by: Anonymous

Question: I am an American, single mother in the Philippines. Never married to my child's father but he is on the birth certificate. According to Ph Law, unmarried mothers have the sole parental authority over illegitimate children. Would I still need to get my ex's consent to get my child's US passport? Would citing the law be sufficient enough to show to the consular officers?

Answer: Philippine laws may not apply in this case since you are applying for a U.S. passport. You need to abide by American regulations. Please contact the U.S. Embassy in Manila for more information.

Injunctii
by: Anonymous

Question: Can I obtain my child's passport if I have sole decision making for my child through a final injunction for domestic violence involving minor children? The injunction is doesn't expire until we go back to court to modify it. He is on the other side of the country so its been 9 years.

Answer: Yes, please furnish a copy of the court document with the application.

Obtaining a passport for a child with a lifetime protection order
by: Anonymous

Question: I have a lifetime protection order for my child against his father. Would I be able to obtain a passport without the father's involvement? If we can obtain a passport, do we need any type of affidavit to go on vacation outside of the states?

Answer: Yes, you will be able to apply for the child's passport without the father. Just include Form DS-5525 plus a copy of the protection order with the rest of the application requirements.

If the order stipulates that the child may travel overseas without the father's involvement/consent, an affidavit will not be required.

Renew passport for minor without the dad's consent
by: Anonymous

Question: I want to renew my daughter's passport but i don't know where to find her dad. We've been separated for 5 years. Do i still needs his consent to renew her passport?

Answer: Passports issued to minors cannot be renewed. A new application must be submitted in person and with the same requirements -- including the father's consent. If he is paying child support, you should be able to locate him.

Protective order
by: Anonymous

Question: I’m granted full legal and physical custody of my child for a year with a protective order against his father. The father has scheduled visitation few times a month. Can I get my child’s passport by myself or father’s consent is still needed under these circumstances?

Answer: Since you have sole legal custody, the father's consent is no longer required. In addition to the requirements, you need to submit the court order proving that you have sole legal custody.

Domestic Violence Emergency Relocation
by: Anonymous

Question: I understand sole legal custody is needed to apply for a child's passport. Due to domestic violence (the father of my children was my abuser), we have gone to court and there is a protective order for 3 years.

But I did not have the children put on at the time. Can i still apply for the passports with out the father? The reason for moving is to be as far away from him as possible for safety reasons. Also there is a no form of any contact, not even peaceful for any reason. How can I go about applying when there is no custody arrangement? The only court documents I have is him being ordered to pay monthly child support.

Answer: Please contact customer service at 1-877-487-2778 for advice regarding your special situation.

No father
by: Anonymous

Question: My kids' father has not been in their lives in over 10 years. We had a mediation agreement but before the judge could sign, he has not shown back up. So I was wondering if I could use my mediation papers to help get my kids passports.

Answer: You need to have sole legal custody of your children in order to apply for their passports. Please contact the local family court and your lawyer regarding filing for sole legal custody.

No co-sign
by: Anonymous

Question: I have a 16-month-old daughter. I am divorced from her father and his name is on the birth certificate. He refuses to co-sign for her passport. What should I do?

Answer: You need the father's presence or consent in order to obtain your child's passport.

If the father does not want to cooperate, you may go to the local family court to get a judge to order him to sign the consent or consult your lawyer about filing for sole legal custody of the child.

Child neglect
by: Anonymous

Question: This so called dad file for my daughter who he never raised but l gave him the privilege to be part of her life but there were some issues so l signed a consent for him to take her back to Africa on 2010 but he took all the documents with him she was living with my mother but now my mother is dead about six months l discussed with him to go to Africa and bring her back but he refused and he is holding the girl documents. Now what do I do?

Answer: We recommend consulting a lawyer or contacting the local family courts for assistance regarding the matter.

Can I get their passports with out the father's consent?
by: Anonymous

Question: I have a restraining order against my kids' father for me and my kids. He gets no contact with them. Can I apply for their passports with out him?

Answer: Yes, you can. In order to apply for your children's passports without the father's consent, you need to fill out Form DS-5525 and submit it with a copy of the restraining order. You need to submit both documents with the other requirements in person with your children at a nearby acceptance facility.

No father in the picture
by: Anonymous

Question: I need to get my 8-year-old his passport. His father has not been in his life since before he turned one. How can I go about getting his passport? I have no idea where his dad is.

Answer: If the child's father's name is on the birth certificate, you need his consent to apply for the child's passport.

Since he has been out of the picture for years, we recommend filing for SOLE LEGAL custody of the child so you can make important decisions and undertake certain processes like passport applications without complication.

Passport for my 4 month old son with out dad's consent.
by: Anonymous

Question: Can I apply for a passport for my child? His father refuses to sign for his passport (we are not married) but his name is on the birth certificate. His father is an abuser which I'm in the process of taking care of and he has a record as well. Can I still get a passport for my child?

Answer: If the father's name is on the birth certificate, you need his presence or consent to apply for your child's passport. If he is an abuser, filing for a restraining order and providing a copy of such order along with Form DS-5525 can be a way around this.

You must submit the copy of restraining order, Form DS-5525 and all other requirements at an acceptance facility. You must bring your child with you when you apply.

Consent to travel to America
by: Anonymous

Question: If my children already have their American passports, does their father still need to give his consent for them to travel to the U.S?

Answer: Your children will be able to enter the United States if they have U.S. passports. However, they MAY need their father's consent to travel outside of the country where you currently reside. Please contact the local immigration office to verify travel document requirements for minors.

Restraining order against father
by: Anonymous

Question: We share custody of my 2-month-old baby but I had to get a restarting order against him due to his temper. He is still allowed to see the baby he just can't be near me and he refuses to approve a passport. I just want to attend a family member's wedding and have my family meet my baby in a few months. Is there a way to get a passport?

Answer: A judge may be able to bypass his signature or compel him to sign the consent form. Please contact the nearest family court or consult an attorney to discess your options.

Cannot locate child's father
by: Anonymous

Question: How can I obtain a passport if I can't find the father who lives in another country?

Answer: If you are unable to locate your child's father, you can submit Form DS-5525: Statement of Exigent/Special Family Circumstances.

The statement must explain in detail the non-applying parent's or guardian's unavailability and recent efforts made to contact the non-applying parent.

For more information, visit How to Get a Passport for a Minor

No dad
by: Anonymous

Question: My son's father is not in my son's life. He left when I was 2 months pregnant. Can I apply for his passport as I have no idea where the dad is?

Answer: If your son's birth certificate has his father's name on it, you must submit a notarized consent to apply from the father. If you cannot contact the father, you can submit Form DS-5525: Statement of Exigent/Special Family Circumstances.

The statement must explain in detail the non-applying parent's or guardian's unavailability and recent efforts made to contact the non-applying parent.

For more information, visit How to Get a Passport for a Minor

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