Can I Get a Child Passport Without the Father’s Signature?

You can apply for a child’s passport without the father’s signature when only your name appears on the birth certificate, when you hold sole legal custody, when a court has terminated his parental rights or declared him incompetent, or when he has died. Outside those situations, federal rules still require his consent, but “consent” doesn’t mean he has to show up in person: he can sign a notarized form from anywhere in the world, and if he refuses or cannot be located, you can file a separate form explaining why. The rules below apply to children under 16; for 16 and 17 year olds, the two-parent requirement drops away entirely.

Why the Rule Exists

Federal regulations require both parents or legal guardians to appear in person and sign the application for any child under 16.¹ The rule is designed to prevent international parental child abduction. Because that scenario doesn’t fit every family, the Department of State built documented exceptions into the process rather than blocking applications where one parent is absent.

When His Signature Isn’t Required at All

Some circumstances give you the legal standing to apply on your own, with no consent form from the father needed. These are the cleanest paths because they don’t depend on his cooperation.

You’re the Only Parent on the Birth Certificate

If the certified birth certificate names only you, you can apply as the sole parent and no additional consent documentation is required.² An adoption decree listing only you works the same way.

You Have Sole Legal Custody

A certified court order granting you sole legal custody lets you apply alone, provided the order contains no travel restrictions that would conflict with passport issuance.¹ A court order that specifically authorizes you to obtain a passport for the child also qualifies, even when custody is otherwise shared. Bring a certified copy.

His Parental Rights Have Been Terminated

A certified order terminating the father’s parental rights removes him from the consent equation. The same applies if a court has declared him legally incompetent.¹

The Father Is Deceased

A certified copy of the death certificate proves that consent is impossible. Submit it with the standard application materials.²

When He Agrees but Can’t Appear in Person

If the father is willing to consent but can’t come to the passport acceptance facility, he signs Form DS-3053 (Statement of Consent) in front of a notary public. You submit the notarized form along with a clear photocopy of the ID he showed the notary.² The DS-3053 must be submitted within three months of the date it was signed. Miss that window and you’ll need a fresh one.

In a limited set of cases, the Department of State now allows a non-applying parent to sign the consent form in front of a passport specialist at a passport agency counter, free of charge, instead of using a notary. That option is currently restricted to situations with a pending application or emergency circumstances.³

If He Lives Outside the United States

U.S. embassies and consulates provide notarial services that work the same as a domestic notary for passport purposes.⁴ He’ll need an appointment, and he must bring the DS-3053 unsigned, because the form must be signed in front of the consular officer. Expect a $50 fee per notarial seal. Remote or virtual signing is not available. In some countries the form must be notarized specifically at a U.S. embassy or consulate rather than by a local foreign notary, so check the specific post’s website before making arrangements.⁵

If He’s Incarcerated

Many correctional facilities provide notary services for inmates, so a willing incarcerated father can often still sign the DS-3053. If that proves impractical, you can instead file Form DS-5525 with evidence of the incarceration such as a court order, a letter from the facility, or a printout from an online inmate locator.⁶

When He Refuses or Cannot Be Found

This is the harder situation. When you can’t locate the father or he won’t engage, you file Form DS-5525 (Statement of Exigent/Special Family Circumstances) in place of the DS-3053.² The form asks you to describe in detail what efforts you made to obtain the father’s consent and why those efforts failed. Vague answers are not enough. The Department of State reviews each DS-5525 individually and may request additional evidence or require a court order before issuing the passport.

Strengthen your submission with whatever documentation you have: restraining orders, evidence of abandonment, the father’s last known contact information, or custody-related court filings. Filing the form does not guarantee approval.⁶ Processing takes longer than a standard application because of the individual review, so plan accordingly.⁷

One narrow point worth knowing: even when a joint custody order would normally require both parents’ permission, the Department of State can still issue a passport if there are compelling humanitarian or emergency reasons involving the child’s welfare.¹ That exception is genuinely narrow, but it exists.

The Rule Changes at Age 16

Everything above applies to children under 16. For a 16 or 17 year old, the two-parent consent requirement doesn’t apply at all. The teen only needs to show that one parent or legal guardian is aware of the application.⁸ Awareness can be demonstrated in several low-friction ways:

One parent appears with the teen, signs Form DS-11, and provides a photocopy of their ID.
One parent signs a written statement, submitted with a photocopy of that parent’s ID.
One parent pays the fees by check or money order in their own name.

No DS-3053, no DS-5525, no notary. If you’re navigating a difficult co-parenting situation and your child is close to turning 16, waiting a few months can eliminate the whole problem.

What to Bring to the Appointment

All applications for children under 16 must be submitted in person at a passport acceptance facility using Form DS-11. Mail-in filing is not available, even for a child who previously held a passport.² Print the DS-11 in advance but don’t sign it until the acceptance agent tells you to.

Regardless of which consent path applies to your situation, expect to bring:

Proof of the child’s U.S. citizenship, usually an original or certified birth certificate. A previous U.S. passport or consular report of birth abroad also works.
Proof of your relationship to the child. The birth certificate covers this if it names you; otherwise bring an adoption decree, court order, or custody decree.
Your valid government-issued photo ID, plus a photocopy of the front and back.
A recent color passport photo of the child.
Your consent-exception document, whichever fits: the sole custody order, the death certificate, the notarized DS-3053 with a photocopy of the father’s ID, or the DS-5525 with supporting evidence.

Fees

A child’s passport book costs $135 total: a $100 application fee to the U.S. Department of State plus a $35 acceptance fee to the facility.⁹ A passport card, valid only for land and sea travel to Canada, Mexico, the Caribbean, and Bermuda, is $50 total. Both together run $150. Expedited processing adds $60, and 1-3 day delivery of the issued passport adds $22.05.

Processing

Routine processing currently takes 4 to 6 weeks and expedited takes 2 to 3 weeks, not counting mail time in each direction, which can add up to two weeks on each end.⁷ Build that buffer in before booking travel, and add more if you’re filing a DS-5525.

1
eCFR. 22 CFR 51.28 – Minors
2
U.S. Department of State. Apply for a Child’s Passport Under 16
3
Federal Register. Passports – Form DS-3053 Statement of Consent
4
Travel.State.Gov. Notarial and Authentication Services at U.S. Embassies and Consulates
5
U.S. Department of State. Form DS-3053 Statement of Consent
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U.S. Department of State. Form DS-5525
7
U.S. Department of State. Processing Times for U.S. Passports
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U.S. Department of State. Apply for Your Passport as a 16-17 Year Old
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U.S. Department of State. Passport Fees