Minor & Child Passport Disputes: The Two-Parent Consent Rule (DS-3053 & DS-5525)

1. The Statutory Two-Parent Consent Mandate (Under Age 16)

Under federal law (22 CFR § 51.28), every passport application for a child under age 16 must be submitted in person using Form DS-11 with the child physically present AND both parents or legal guardians consenting. Furthermore, every minor passport requires BOTH proof of citizenship AND proof of parental relationship (certified long-form birth certificate, adoption decree, or court order naming the parents)—a child’s previous U.S. passport alone does NOT establish parental relationship.

2. When One Parent Cannot Appear in Person: Form DS-3053

If one parent is working, deployed, or living in another city, the appearing parent must bring a properly executed Form DS-3053 (Statement of Consent):

• ▸Must be signed and notarized within the last 90 days.
• ▸Crucial Adjudicator Rule: You MUST attach a clear, single-sided black-and-white photocopy of the FRONT AND BACK of the exact government photo ID that the non-appearing parent presented to the notary public.
• ▸In several countries where U.S. Consular Officers require heightened verification (or if notarized outside the United States), the DS-3053 must be notarized at a U.S. Embassy or Consulate (free of charge).

3. Sole Legal Custody or Court-Authorized Travel

Only one parent’s signature is required if you bring original or certified court documentation proving sole authority:

• ▸Certified court order granting you sole legal custody of the child (note: "sole physical custody" with "joint legal custody" still requires the other parent’s consent unless the order explicitly authorizes you to obtain a passport and travel internationally alone).
• ▸Certified birth certificate or adoption decree listing only one parent.
• ▸Certified death certificate of the non-applying parent.

4. Form DS-5525 (Statement of Exigent/Special Family Circumstances)

If the non-applying parent cannot be located after diligent attempts (e.g., abandonment, incarceration without notary access, or restraining order), submit Form DS-5525 detailing every attempt made to contact the parent, along with any corroborating custody or protective orders. Note that DS-5525 is adjudicated strictly on a case-by-case basis.