GENERAL PASSPORT FACTS
By federal statute, the Secretary of State of the United States may issue a passport only to a United States citizen or national. Every United States citizen is entitled to a U.S. passport provided that they, or the person acting on their behalf, comply with all applicable requirements, and that there is no legal or other specific reason to deny the passport. The United States issues a passport to each eligible applicant. [Generally see: 8 USC 1401, et seq.; 22 USC 211a, et seq.; 22 CFR, Parts 50, 51] Some countries allow the inclusion of dependent children and/or a spouse in the passport of an adult.
Acquisition of one citizenship does not prevent the automatic acquisition of another, concurrent citizenship if the law of the other nation provides for such acquisition. Thus, many children acquire the citizenship of a non-U.S. citizen parent, and could potentially have the passport of both countries at the same time.
A U.S. passport for an adult is valid for no longer than 10 years; a U.S. passport for a child under 16 is valid for no longer than 5 years.
U.S. passports may be applied for at U.S. passport agencies within the United States and at U.S. Embassies and Consulates abroad. Most passport applicants must appear in person. Within the United States they may file their application at any of 5300 Post Offices (list available at travel.state.gov), or clerk of court and other municipal offices designated to accept passport applications. Passport applications for children under 14 must be filed in person by a parent or by an individual specifically authorized as a person in loco parentis. The applying adult must document the child’s U.S. citizenship, identity and compliance with the Two-Parent Consent Law (see below).
The U.S. does not require a passport to be used for travel between the United States and Western Hemisphere countries (except Cuba). Certain Western Hemisphere countries, however, do require U.S. citizens to carry passports. Currently, a U.S. passport is not valid for travel to Libya or Iraq.
PASSPORTS FOR MINORS
A minor is defined as an unmarried person under the age of 18 years. 22 CFR 51.27. Either parent, whether a U.S. citizen or not, may apply for the U.S. passport for their minor child. However, the Two Parent Consent Law, effective June 4, 2001, requires that for a child under the age of 14, both parents must consent to issuance, or the applying parent must document his/her authority to obtain a passport for the child. Thus, before a passport is issued for such a child, Passport Services will require evidence of sole custody; a court order allowing the parent to travel with the child; written consent of the other parent; or a written statement under penalty of perjury that the other parent agrees to issuance or is unavailable.
Grandparents may not apply for the passport of a grandchild unless they have a document of guardianship or written authority that complies with the Two-Parent Consent Law. Minors who are 14 and over may execute their own passport application with proper identification from a parent or responsible adult.
PREVENTION OF PARENTAL CHILD ABDUCTION
A state court has the authority to order a parent with possession of the child’s passport to surrender the passport to the court or the court’s designee. Such an order is enforceable by the court’s authorities under its state’s law. The court may hold the passport as long as it deems necessary, to reduce the likelihood of the removal of a minor child from the United States. In such a case, the action to withhold the passport should be reported to the Office of Children’s Issues to prevent unauthorized attempts to replace it. Questions about the possible value of passport revocation should be sent to the Office of Passport Policy and Advisory Services, address below.
Unless parental rights have been removed, either parent, with or without custody, can obtain information about his/her minor child’s passport, and if needed, obtain certified copies of previous passport applications. This can be done as part of a passport restriction request, see below, or by writing to:
Department of State
Passport Services
Office of Research and Liaison, 5th Floor
1111 19th Street, NW
Washington, D.C. 20522-1705Phone: (202) 955-0447
Fax: (202) 955-0288
At the request of either parent or his/her attorney, the Department of State will give effect to the intent of state civil court orders respecting a child’s custody and/or travel by denying a minor child’s passport when appropriate. See 22 CFR 51.27. A request for passport denial should be sent to the Office of Children’s Issues, below.
Moreover, independently, or in conjunction with a court proceeding, a parent or attorney may request the Office of Children’s Issues to place the child’s name in the Children’s Passport Issuance Alert Program (CPIAP) lookout system. Under this system, the Department of State will notify the requesting parent or attorney that a passport application is being filed for the child. In these cases, if the Department has on file a court order granting sole custody to one parent, or restricting the child’s travel, the passport would be denied. The address is:
Department of State
Office of Children's Issues
SA-29
2201 C Street, NW
U.S. Department of State
Washington, DC 20520Toll Free Phone from within the U.S.: 1-888-407-4747 (8 a.m. - 8 p.m.)
Phone: (202) 736-9130
Fax: (202) 736-9133
All requests must be in writing, and include the child’s full name, date of birth, place of birth, address and phone number of the requester. There may be as much as two weeks delay in obtaining this information.
It is vitally important that parents with concerns about parental child abduction consider CPIAP as an abduction prevention measure. While Passport Services does its best to prevent it, we are aware that some would-be abducting parents have succeeded in evading the Two-Parent Consent Law by the presentation of misleading or false evidence. Once a passport has been issued, its recovery, and the recovery of the child, is extremely difficult.
LAW ENFORCEMENT CONSIDERATIONS IN CASE OF ABDUCTION
Appropriate law enforcement agencies may obtain information about, and place the name of a parent subject to a Federal Warrant for Parental Child Abduction or Unlawful Flight to Avoid Prosecution, into the Department’s passport name check system, This action can assist in locating the fugitive, prevent passport issuance to them or force their return to the United States from a foreign country. See 22 CFR 51.70 and 51.72. The office to contact for law enforcement assistance is:
Department of State
Passport Services
Office of Passport Policy and Advisory Services, Room 907
2401 E St., N.W.
Washington, D.C. 20522-0907Phone: (202) 663-2662
Fax: (202) 663-2654
This fact sheet on passport issuance and denial for minors is intended to assist state civil court judges and family law practitioners. General passport information is available at the Department of State web site: travel.state.gov.
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