Here’s something most people don’t know: getting a U.S. passport for a minor under 16 normally requires both parents to consent. But “normally” isn’t “always.”
If one parent has sole legal custody, they can apply for the passport without the other parent’s signature. They just need to submit proof — like a court order granting sole custody, or a birth certificate that only lists one parent. No second signature needed. This exception is spelled out in the DS-3053 consent form instructions from the State Department.
If there’s no sole custody situation but one parent is refusing to cooperate, a court can step in. A judge can issue an order that specifically authorizes a passport to be obtained for the child. Under federal regulation 22 CFR 51.28, that court order just has to explicitly grant sole legal custody or directly authorize the passport — and that’s enough for the State Department to move forward.
There’s also a form called the DS-5525 (Statement of Exigent/Special Family Circumstances), which exists for situations where a parent can’t be reached, is incarcerated, or there are other unusual circumstances — though if you already have a qualifying court order, you likely won’t need it.
Important age note: These specific rules apply to minors under 16. If you’re 16 or 17, different rules apply — check the State Department’s passport page for minors for details specific to your age.
Also important: These are steps a parent or guardian must take — a minor cannot file a court order independently. If you’re a teen in this situation, you’ll need a parent, guardian, or attorney to act on your behalf.
One more thing to know: the State Department can also deny a passport if a court has restricted the child’s travel or if the child is enrolled in the Children’s Passport Issuance Alert Program. Courts can open the door or close it, depending on what’s in the child’s best interest.