Can you get a passport for my minor child if he is already out of the country?

by Brenda
(Texas, USA)

Question: I have a friend that sent his son to Mexico with his family and did not get the passport before his son left. He thought that he would be able to get the passport without him being present.

He is not on his son's birth certificate but he was, by law, given custody of his son and is the legal guardian. Will he still be able to obtain a passport for his son or will he still be able to bring him without the passport.

His mother is nowhere to be found, but he is the legal guardian. Please let me know as soon as possible so that I can tell him what he needs to do. Thanks.

Answer: If I understand correctly, your friend is legal guardian of a minor who is presently in Mexico. Your friend wants to apply for a passport for his son.

First of all, the person to whom the passport will be issued must appear in person before an authorized passport agent. Therefore, your friend cannot apply for a passport for his son without his son being present.

One solution is for a third party to take the man's son to the nearest U.S. embassy or consulate general in Mexico. There, he will be able to apply for a passport.

In order to do this the person that takes the child must either

1) Submit a notarized written statement or affidavit from both parents or guardians authorizing them to apply for the child's passport or

2) when the statement of affidavit is from only one parent/guardian, the person must also present evidence of sole custody of the authorizing parent/guardian.

All other requirements apply. For a complete list, click the link below.

How to Get a Child's Passport