In July 2001, the United States Department of State began to implement a new law regarding passport application procedures. Under the Two-Parent Consent Law, both parents are required to execute the passport application for a minor U.S. citizen under the age of 14. By putting this new law into practice, the Department of State seeks to decrease the likelihood that a U.S. passport will be used to facilitate an international parental child abduction.

Basic Requirements of the New Law
Under U.S. immigration law, passport applications for minor children under age 14 must be filed in person by a parent or an individual specially authorized as a person "in loco parentis." (This term is used to identify a foster parent, or other appropriate authority, e.g., a county custodial agency, protecting the minor’s legal rights). Either parent, whether a U.S. citizen or not, may apply for a U.S. passport on behalf of the minor child. However, in addition to establishing the child’s identity and U.S. citizenship, the adult applicant must also document his compliance with the Two-Parent Consent Law.

Under this new law, both parents must consent to the issuance of a U.S. passport for their child under the age of 14. In the alternative, the applying parent must document his or her sole authority to obtain a passport for the child. In other words, before a U.S. passport may be issued to a child under age 14, the adult applicant must be able to produce documentation of one of the following:

  • Evidence of sole custody
  • A court order allowing the parent (or legal guardian) 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 of the passport or is unavailable

    Coverage and Exceptions
    The Two-Parent Consent Law applies to all passport applications made at domestic U.S. passport agencies in the U.S. The law also covers passport applications made at U.S. consular offices abroad.

    In the event of special family situations or exigent circumstances calling for the child’s immediate travel, exceptions to the requirements of the Two-Parent Consent Law may apply.

    Applicability to Grandparents
    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.

  • SOURCE: Chicago Family Law Blog