Getting a Child’s Passport Without the Father’s Consent

For a U.S. passport application for a child under sixteen, both parents or legal guardians generally must approve. A parent can apply without the father’s separate consent when documents establish sole authority, or when the State Department accepts a qualifying exception. The rule is gender-neutral: the same issue arises when the unavailable or nonconsenting parent is the mother. Merely being the primary caregiver does not establish sole legal authority. [1]

Rules that determine the answer

The regulation recognizes evidence such as an appropriate sole-custody order, an order specifically authorizing the applying parent to obtain the passport, a birth certificate identifying only that parent, or the other parent’s death certificate. It also permits exceptions involving exigent or special family circumstances. A parent who simply disagrees with the other parent cannot presume those exceptions apply. The passport agency evaluates the documentation; a travel booking alone does not establish an exception. [2]

An incarcerated or deployed parent is not automatically incapable of consenting. Depending on the circumstances, notarized consent may still be available; State Department guidance specifically notes that military deployment usually does not replace Form DS-3053. [1] Passport issuance also does not override a custody order restricting international travel. Children aged sixteen or seventeen follow different parental-awareness rules, so use the age-specific instructions rather than this under-sixteen checklist. [2]

What to do next

  1. Read the current custody order, including any passport, travel, or joint decision-making restrictions. Distinguish sole physical custody from sole legal authority.
  2. If the other parent agrees but cannot attend, obtain Form DS-3053 with the required notarization and identification copy; submit it within the permitted 90-day period.
  3. If the other parent cannot be located, review Form DS-5525 and provide a detailed explanation and supporting records. Acceptance is not guaranteed.
  4. Bring the child, Form DS-11, citizenship and relationship evidence, qualifying authority or consent documents, identification, photo, and required fees to the application appointment.

Practical example

A divorced parent has the child most weekdays, but the decree grants joint legal custody and says nothing about passports. The weekday arrangement does not automatically eliminate the other parent’s consent. A later court order expressly authorizing that parent to obtain the child’s passport could supply the legal authority that the existing decree lacks.

For related situations, see a parent’s refusal to consent to a passport and sole-custody evidence for a child’s passport.

Primary sources

  1. State Department: passport applications for children under sixteen
  2. 22 CFR 51.28: minors, parental consent, and exceptions

Sources checked: October 31, 2026.