How to Get Your Child’s Passport Legally Without the Father’s Permission

If you’re planning an international trip with your child but don’t have the father’s permission to get a passport, you may be wondering what options are available. U.S. passport laws prioritize the involvement of both parents, but there are legal ways to obtain a passport for your child, depending on your situation.

In this guide, we’ll break down how to legally secure a child’s passport without the father’s consent—whether he’s not listed on the birth certificate or is uncooperative in the process.

Scenario 1: The Father Is NOT Listed on the Birth Certificate

Good news! If the father’s name is not on the birth certificate, you have sole legal authority over your child’s passport application. This means you can apply today without needing his permission.

Here’s what you’ll need:

✔ Form DS-11 – Application for a U.S. Passport

✔ Original Birth Certificate – Proving parental relationship

✔ Proof of Your Identity – Such as a driver’s license or passport

✔ Passport Photo – Meeting U.S. passport requirements

✔ Application Fee – Varies depending on the type of passport

Simply visit a passport acceptance facility (like a post office or clerk’s office) with these documents, and you can apply without delay!

Scenario 2: The Father IS Listed on the Birth Certificate

If both parents are listed on the birth certificate, U.S. passport laws require both parents' signatures to issue a passport. But if the father refuses to cooperate or is unreachable, don’t worry—there are legal options available.

Option 1: Apply with a Special Circumstance Exception (Form DS-5525)

If the other parent is absent or uncooperative, you can submit Form DS-5525 (Statement of Exigent/Special Family Circumstances) to request an exception. You must provide evidence, such as:

• A court order showing you have sole custody

• A restraining order against the other parent

• Proof that the father is incapacitated or missing

Approval is not guaranteed, but this option may work in cases of abandonment, safety concerns, or legal barriers.

Option 2: Obtain a Court Order for Sole Legal Authority Over the Passport

If the father is unwilling to provide consent, the best legal solution is to seek a court modification requesting exclusive rights to handle your child’s passport.

Steps to take:

1. File a petition with the family court requesting a modification of custody or decision-making authority.

2. Attend a hearing, where the judge will review your reasons for requesting sole authority over travel and passport decisions.

3. If approved, the court will issue an order granting you the right to obtain the passport without the father’s consent.

This option provides permanent legal protection and ensures you can travel with your child without future obstacles.

Final Thoughts

If the father isn’t on the birth certificate, you can apply for a passport immediately without his involvement. However, if he is listed, you’ll need legal approval to proceed. The fastest route is to get a court order granting you exclusive passport rights.

Need help with the process? Consult a family law attorney in your state to navigate the legal steps smoothly. Once you have the necessary documentation, you’ll be ready to secure your child’s passport and travel stress-free!