For a child under 16, yes: both parents or legal guardians generally have to be present in person when applying for a U.S. passport. The rule exists to prevent one parent from quietly taking a child out of the country, and it applies every time the child needs a new passport, because passports for children under 16 are valid for only five years and can never be renewed by mail.1U.S. Department of State. Apply for a Child’s Passport Under 16 When one parent genuinely can’t make it, the State Department accepts a notarized consent form. When a parent is out of the picture entirely, different documents take the place of that consent.
The Rule for Children Under 16
Federal regulations require every parent or legal guardian listed on a child’s birth certificate to sign Form DS-11 in person at a passport acceptance facility.2eCFR. 22 CFR 51.28 – Minors The child must be there too. Each parent brings valid government-issued photo identification and signs the application in front of the acceptance agent. If both parents can appear together with the child, that is the simplest path and no extra paperwork is needed.
When One Parent Can’t Make the Appointment
If both parents share custody but one cannot attend, the absent parent gives written consent on Form DS-3053, Statement of Consent. The form has to be signed in front of a notary public, and it must be submitted within 90 days of that notarization.3U.S. Department of State. Form DS-3053 – Statement of Consent The parent who does attend then brings four things to the appointment: the child, the notarized DS-3053, a photocopy (front and back) of the government-issued ID the absent parent showed the notary, and the rest of the standard application materials. The acceptance agent processes the application as if both parents had appeared.
If the Absent Parent Is Overseas
A parent traveling or stationed abroad does not always have the option of a local foreign notary. In many countries the DS-3053 must be notarized at a U.S. embassy or consulate.3U.S. Department of State. Form DS-3053 – Statement of Consent The embassy or consulate website for the specific country will explain how to book a notarial appointment. This route comes up often for military families with a deployed parent.
When Neither Parent Can Attend
Sometimes both parents are unavailable and a grandparent or other trusted adult needs to bring the child. That is allowed, but it takes two DS-3053 forms, one from each parent, each notarized. Both forms name the third party as the person authorized to accompany the child and submit the application, and there is a specific “Third Party” checkbox on the form for the relationship field.3U.S. Department of State. Form DS-3053 – Statement of Consent Photocopies of both parents’ IDs go in with the application.
When the Other Parent’s Consent Isn’t Available
The DS-3053 works when a parent is cooperative but absent. When the second parent is legally out of the picture, or won’t cooperate, or can’t be found, a different set of documents replaces that consent.
Sole Custody or Sole Parentage
A parent with sole legal authority can apply without the other parent’s involvement at all, as long as they can prove that authority with an original or certified copy of one of the following:2eCFR. 22 CFR 51.28 – Minors
- A certified court order granting sole legal custody, with no travel restrictions that conflict with passport issuance
- A birth certificate listing only the applying parent
- An adoption decree naming only the applying parent
- The other parent’s death certificate
Photocopies of these documents will not be accepted.
Exigent or Special Family Circumstances
Where the other parent’s consent can’t be obtained for reasons that don’t fit the sole-custody box, the applying parent can file Form DS-5525, Statement of Exigent/Special Family Circumstances. Federal regulations recognize two categories:2eCFR. 22 CFR 51.28 – Minors
- Exigent circumstances: a time-sensitive emergency where the child’s inability to get a passport would threaten their health, welfare, or safety, or would separate them from their traveling party
- Special family circumstances: situations where the family dynamic makes obtaining consent exceptionally difficult or impossible, such as an absent parent with no known address, domestic violence, or an uncooperative co-parent
The applying parent explains the situation in detail on the form, under oath. More detail generally means faster review. Filing a DS-5525 does not guarantee a passport will be issued; the State Department reviews each request individually and can deny it, and a passport issued under special family circumstances may be limited to direct return travel to the United States rather than full international use.4U.S. Department of State. Form DS-5525 – Statement of Exigent/Special Family Circumstances
False statements on any passport form are a federal crime, punishable by up to 10 years in prison for a first offense.5Office of the Law Revision Counsel. 18 US Code 1542 – False Statement in Application and Use of Passport The DS-5525 is signed under oath and the State Department does investigate.
Teens Aged 16 and 17
The two-parent rule does not apply once a child turns 16. Teens 16 and 17 apply for an adult passport (valid for 10 years) using Form DS-11, and only need to show that one parent or guardian is aware of the application.6U.S. Department of State. Apply for Your Passport as a 16-17 Year Old Awareness can be demonstrated by:
- Having one parent come to the appointment and sign the DS-11
- Bringing a signed note from a parent along with a photocopy of that parent’s ID
- Paying the fees with a check or money order in a parent’s name
If awareness isn’t clear from what’s submitted, the State Department may still ask for a notarized DS-3053 from a parent. But there is no automatic requirement for both parents to consent or appear.
What to Bring to the Appointment
The child under 16 must appear in person at the passport acceptance facility. No exceptions. Along with the child, bring:
- Form DS-11, completed but not signed until you’re in front of the acceptance agent
- Proof of U.S. citizenship: the child’s birth certificate, previous U.S. passport, or certificate of citizenship, with an official seal or stamp from the issuing office
- Proof of parental relationship, usually covered by the birth certificate, or an adoption decree or court order
- Valid government-issued photo ID for each parent who appears
- One recent color passport photo, 2×2 inches, taken within the last six months against a white or off-white background
Two separate fees are due at the appointment: one to the Department of State and one to the acceptance facility.7U.S. Department of State. Passport Fees For a passport book, that’s a $100 application fee plus a $35 facility acceptance fee. A passport card alone is $15 plus the $35 acceptance fee. Both together are $115 plus $35. Expedited processing adds $60, and 1–3 day delivery of the finished book adds $22.05.
If one parent is coming with a notarized DS-3053 in place of the other, add that form and the photocopy of the absent parent’s ID to the stack. If you’re applying under sole custody or special circumstances, bring the original or certified custody documents, or the completed DS-5525, instead.