How to Get a Passport for a Child With an Absent Father

To get a U.S. passport for a child whose father is absent, you apply in person on Form DS-11 and replace the missing second-parent consent with whichever document fits your situation: a birth certificate that lists only you, a court order granting sole legal custody or terminating his rights, his death certificate, or Form DS-5525 explaining why he cannot be reached. The State Department requires both parents to consent for any child under 16, so the whole application turns on which recognized exception you can document.¹

Why the Two-Parent Rule Matters Here

Federal regulations require both parents or legal guardians to execute the application and appear in person with the child.² The rule exists to prevent international parental child abduction, and there is no informal way around it. If the father won’t or can’t participate, you have to fit into one of the exceptions below and bring the exact proof the regulation calls for. Applications stall most often because a parent shows up with the wrong form or the wrong kind of court order.

If the Father Is Not on the Birth Certificate

This is the simplest path and the one people most often overlook. If the child’s certified birth certificate or adoption decree lists only one parent, you apply as the sole parent. No court order, no consent form, no additional filing. The birth certificate itself is your documentary evidence of sole authority.¹

One caveat. If the father later established paternity or was added through an amended birth certificate, the original single-parent version may no longer control. Order the most current certified copy before your appointment, because the State Department will go by whatever that document now shows.

If You Have Sole Legal Custody

A court order granting you sole legal custody lets you apply without the father’s consent, but the exact wording matters more than most parents realize. Under the federal regulation, the order needs to do at least one of the following: grant you sole legal custody with no travel restrictions that conflict with passport issuance, specifically authorize you to obtain a passport for the child, or specifically authorize the child to travel with you.² You submit a certified copy with the application.¹

Joint Legal Custody Does Not Qualify

If your order says “joint legal custody,” or requires both parents’ permission for major decisions, the State Department will read it as requiring both parents to consent to the passport.² You will need either the father’s notarized consent or a modification of the custody order before applying.

Sole Physical Custody Is Not Enough

Sole physical custody means the child lives with you. It does not carry the legal decision-making authority that a passport application requires. If your order grants sole physical custody but joint legal custody, treat it as any other joint arrangement. Read the wording carefully before you go.

If Parental Rights Have Been Terminated

Termination of parental rights is legally distinct from custody, and it also lets you apply alone. Submit a certified copy of the court order terminating the father’s rights.² An order declaring the father legally incompetent qualifies as well.

If the Father Has Died

A certified copy of the father’s death certificate substitutes for his consent. Nothing else is needed.¹

If You Cannot Locate the Father or He Is Incarcerated

When the father is alive, shares legal custody, and cannot be reached, you file under the special family circumstances exception using Form DS-5525 (Statement of Exigent/Special Family Circumstances). This covers a father whose whereabouts are unknown despite your efforts to find him, or one who is incarcerated.¹

DS-5525 is a sworn statement signed under penalty of perjury. You must describe in detail every effort you made to reach him: dates of phone calls, emails, letters mailed to his last known address, and any responses. Vague answers get rejected. The State Department wants to see a genuine, documented effort that came up empty.

Proving Incarceration

If the father is in prison or jail, attach proof to your DS-5525. A letter from the convicting court, a copy of the incarceration order, or a printout from an online inmate locator all work.³ State departments of corrections and the federal Bureau of Prisons run searchable inmate databases online.

Documents That Strengthen the Application

The State Department may ask for further documentation beyond DS-5525, such as a restraining order or other court records.¹ Protective orders, evidence of domestic violence, or police reports related to the father’s absence are worth bringing even when not strictly required. Filing DS-5525 does not guarantee approval. The department may come back with questions, and that exchange can add weeks.

If the Father Agrees but Cannot Appear

If the father consents but cannot attend the appointment, he signs Form DS-3053 (Statement of Consent) in front of a notary public. You bring the notarized form and a photocopy of the ID he showed the notary.¹ The notarization must be within three months of your appointment, so don’t have him sign too far ahead.

What to Bring to the Appointment

Every child under 16 must apply in person on Form DS-11, including children who previously held a passport. Renewal by mail is not available for this age group.⁴ Most acceptance facilities require an appointment.⁵

Completed but unsigned Form DS-11 (you sign in front of the acceptance agent)
The child’s certified U.S. birth certificate or other citizenship evidence
Your government-issued photo ID
One recent color passport photo meeting State Department specifications
The document that covers your exception: the single-parent birth certificate, certified custody or termination order, death certificate, DS-3053, or DS-5525 with supporting proof

Fees and Timing

A passport book for a child under 16 costs $135 total: a $100 application fee to the State Department and a $35 acceptance fee to the facility.⁶ A passport card, which covers land and sea travel to Canada, Mexico, the Caribbean, and Bermuda, runs $15 plus the same $35 facility fee.¹ Expedited processing adds $60.⁷

Routine processing currently runs 4 to 6 weeks, expedited 2 to 3 weeks. Neither window includes mailing, which can add up to two weeks each way.⁸ Build in extra time if you are filing DS-5525, because the special-circumstances review adds unpredictable delay. A child’s passport is valid for five years, and renewal means going through the full in-person application again.¹

Blocking the Father From Applying Without You

If you’re worried the absent father might try to obtain a passport for your child on his own, enroll in the Children’s Passport Issuance Alert Program. CPIAP is a free service that notifies you whenever anyone submits a passport application for your child, and the State Department calls it one of the most effective tools for preventing international parental child abduction.⁹

To enroll, complete Form DS-3077 (one per child) and submit it with proof of your identity and your legal relationship to the child. Email to PreventAbduction1@state.gov is faster than mailing to the Office of Children’s Issues in Washington, D.C. Keep your contact information current so the alert actually reaches you when it matters.

1
U.S. Department of State. Apply for a Child’s Passport Under 16
2
eCFR. Minors – 22 CFR 51.28
3
U.S. Department of State. Form DS-5525 – Statement of Exigent/Special Family Circumstances
4
U.S. Department of State. Renew Your Passport
5
U.S. Department of State. Where to Apply for a U.S. Passport
6
U.S. Department of State. Passport Fees
7
U.S. Department of State. United States Passport Fees
8
U.S. Department of State. Processing Times for U.S. Passports
9
U.S. Department of State. Children’s Passport Issuance Alert Program