You may obtain a U.S. passport for a child under 16 without the father appearing or consenting if you establish a recognized exception or provide another permitted consent arrangement. The rule applies to both parents or legal guardians; which parent is absent does not change the basic requirement. [1]
When one parent can apply with documentation
Examples include appropriate evidence of sole legal authority, a qualifying court order, a death certificate, or a birth record identifying only the applying parent, depending on the case. A custody document must actually establish the required legal authority. Physical custody or the child’s living arrangement alone is not necessarily enough. [2]
Read the order for restrictions on international travel or passport issuance. An order granting general custody may not resolve every issue if another provision preserves joint legal decision making or limits travel.
If the father agrees but cannot attend
The State Department provides a parental-consent process, commonly using Form DS-3053 with required notarization and identification evidence. Follow current form instructions, execution timing, and any country-specific requirements. A text message or informal letter may not substitute for the required consent document.
If consent cannot be obtained
Form DS-5525 addresses qualifying exigent or special family circumstances, but approval is not automatic. Explain the actual circumstances and provide the requested evidence. A routine disagreement between parents may require a court order rather than an administrative exception. [1]
- Identify the child’s age and citizenship evidence.
- Obtain complete custody and parentage records.
- Select the applicable consent or exception route.
- Bring required originals, copies, identification, and the child.
For example, a sole-legal-custody order can support a different application than a shared-custody order giving one parent more overnights. Do not omit the other parent or misstate custody to bypass the rule.
See proof of sole legal custody for a passport and what to do when a parent refuses to sign. Children aged 16 or 17 follow a different parental-awareness framework; do not apply the under-16 checklist mechanically to every minor. Passport issuance also does not independently authorize travel that violates a custody order.
Primary sources
Sources checked: October 31, 2026.