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  1. #1

    Default Infant Passport

    My question involves a child custody case from the State of: WI


    My apologies if this is in the wrong subforum, please move it to the most relevant spot. I was looking on the state department's website regarding the infant passport process. It says that both parents need to appear at the passport agency to sign papers, but what if the couple is unmarried and the father is not a US citizen? I thought since the mother has custody when the couple is unmarried, only she would have to show up... but please correct me if I'm wrong. If he doesn't need to be present, is there any paperwork he'd need to complete?


    Thanks in advance.

  2. #2
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Infant Passport

    Marital status and citizenship status are irrelevant. U.S. federal law requires that if the father appears on the birth certificate, both parents must appear in the presence of the passport agent along with the minor applicant. If one parent cannot be present, they must provide a notarized statement on the proper form to authorize the other parent to obtain the passport for the minor child and a photocopy of their state issued identification. If you do not provide that information, the passport agent is required to refuse to execute the application.

    The reason for this is that the Department of State has had significant issues with parental child abduction in the past. Recovery of a child who is abducted by a parent who is taken abroad is very difficult and often impossible. The most problematic countries are the Islamic states in the Middle East, as most of their domestic laws heavily favor the father-mothers have essentially no legal rights to the children in many cases.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Infant Passport

    Did you read this? You can apply for a passport based upon the child's birth certificate if no father is identified on the birth certificate.
    Quote Quoting One Parent (with sole legal custody) MUST:
    * Appear in person with the minor

    * Sign Form DS-11 in front of an Acceptance Agent

    * Submit primary evidence of sole authority to apply for the child with one of the following:
    * Minor's certified U.S. or foreign birth certificate listing only the applying parent

    * Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only the applying parent

    * Court order granting sole custody to the applying parent (unless child's travel is restricted by that order)

    * Adoption decree (if applying parents is sole adopting parent)

    * Court order specifically permitting applying parent's or guardian's travel with the child

    * Judicial declaration of incompetence of non-applying parent

    * Death certificate of non-applying parent
    NOTE: If none of the above documentation is available, the applying parent must submit Form DS-3053 stating why the non-applying parent/guardian's consent cannot be obtained.

  4. #4

    Default Re: Infant Passport

    Thanks for your help. Yes, he will be listed on the birth cert as he is flying here to attend the birth. I just thought there would be an easier way, just as a matter of convenience, so he wouldn't have to turn around and fly back here one more time in a relatively short period. Again, thanks for letting me know as it will be easier for us to plan it now in advance that we have all the information.

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