A Legal Guide for Attorneys

The Attorney’s Cheat Sheet: Passport Rules for Minors Explained

I had to research the passport rules for minors for a client on a recent divorce case. I quickly learned that this process is very detailed and complicated.

Every U.S. citizen child is entitled to a U.S. passport, with no minimum age requirement. This entitlement stems from federal law and the Department of State’s regulations.

• 8 U.S.C. § 1185(b) requires that U.S. citizens present a valid passport to enter or leave the country.
• 22 C.F.R. § 51.4(b) confirms there is no age bar on passport issuance.
• 22 C.F.R. § 51.4(b)(2) specifies that passports issued to applicants under 16 are valid for up to five years only.

Why Passport Rules For Minors Are Important:

Every child can get a U.S. passport, but the law has extra rules for kids under sixteen. These passport rules for minors are in place to help prevent abduction or travel without permission. For example, the child must apply in person and usually both parents have to give their consent. This in-person appearance requirement applies to all minors regardless of age; even newborns must appear with their parents at an authorized passport acceptance facility. There is no age exemption. Parents should be prepared to hold their infant during the application and photograph process. As an attorney, it is important to understand these passport rules for minors and the exceptions, so you can guide families through the process the right way.

1. Regulatory Framework – Passport Rules for Minors and Legal Authority.
The key legal authority is 22 C.F.R. § 51.28, which outlines:

• Both parents or legal guardians must appear and consent for children under 16.
• Limited exceptions (sole legal custody, in loco parentis, exigent circumstances).
• Thant exceptions are granted at the discretion of a passport authorizing officer, who may also limit validity or impose travel restrictions.

2. Forms and Documents Which Must be Used:

Form DS-11 – Passport Application:
This is used to apply for a passport for the first time or for a child under 16. The application must be fully completed but not signed until the applicant and their parents appear at an authorized facility. Required documents include:

• Original proof of U.S. citizenship (e.g. certified birth certificate or naturalization certificate)
• Proof of the parent-child relationship (birth certificate naming both parents, adoption decree, custody order)
• Valid photo ID for both parents, plus photocopies
• A passport photo meeting strict Department of State photo rules

Form DS-3053 – Statement of Consent:
Used when one parent cannot appear in person. The form must be notarized and accompanied by a photocopy of the non-appearing parent’s ID. It is valid for 90 days from signing. If the parent is abroad, notarization must take place at a U.S. embassy or consulate.

Form DS-5525 – Statement of Exigent or Special Family Circumstances:
Used when consent is unavailable due to abandonment, incarceration, domestic violence, or similar emergencies. Requires a detailed narrative and supporting documents (court orders, affidavits, etc.). Approval is discretionary and may result in a limited validity passport.

3. Common Scenarios and Legal Exceptions:

Sole Legal Custody:
A parent can apply solo if they hold court-granted sole legal custody. Valid evidence includes a certified custody or adoption decree/order listing only one parent. No DS-3053 is required in these cases.

In Loco Parentis (Guardian/Non-Parent Caregiver):
A guardian may apply on behalf of the child if both parents submit notarized affidavits giving permission, or if one parent has sole custody. The guardian must also provide valid ID and proof of the relationship.

Exigent or Special Family Situations:
Emergency travel for medical reasons, risk of abduction, or inability to contact a parent may justify the use of Form DS-5525. These cases may be accepted on a discretionary basis by the Department of State and often lead to travel-restricted or limited-duration passports.

4. Passport Validity for Children Under 16:

Passports issued to applicants under age 16 are valid for five years from the date of issue, per 22 C.F.R. § 51.4(b)(2). This rule applies whether it is a passport book or passport card—and it cannot be renewed; instead, a new application via Form DS-11 is required once expired.

Examples include:

• A passport issued to a child at age 14 expires five years later.
• A minor who turns 16 while holding a “child passport” must still apply in person to renew, as mail-in renewal is not allowed.

4. Practice Tips for Attorneys:

When preparing clients for this process, and advising them on passport rules for minors, always confirm whether both parents can be physically present. If not, pre-plan for the completion of DS-3053 or DS-5525. Encourage clients to gather all supporting documents before making a passport appointment, including certified copies of custody orders and notarized statements. Remind clients that delays can occur, especially with emergency exceptions. Verify the expiration date on any existing child passport; reissuance is required once the child turns 16.

Advise parents to schedule passport appointments early to avoid seasonal delays. Recommend bringing multiple forms of ID and certified copies of all documents to avoid rejection or rescheduling.

For infants, I suggest parents bring any necessary items to comfort the child during the photo session. Counsel clients on potential travel restrictions linked to limited-validity passports issued under exigent circumstances, so they plan accordingly. Finally, consider offering a checklist or information packet summarizing these steps to reduce confusion and increase preparedness.

Summary Table

Topic	Legal Rule or Requirement	Note
Child passport eligibility	8 U.S.C. § 1185(b), 22 C.F.R. § 51.4(b)	All U.S. children are eligible
Passport validity	22 C.F.R. § 51.4(b)(2)	Valid for five years, non-extendable
Two-parent consent rule	22 C.F.R. § 51.28	Default requirement
Custody exception	Certified sole legal custody order	Eliminates need for consent from other parent
In loco parentis exception	Written affidavits from both parents	Guardian can apply if authorized
Emergency exception	Form DS-5525 with supporting documentation	Discretionary approval, limited validity

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PUBLISHER’S NOTE:

I want to thank Rubia Gupta, soon to be a second-year law student at the University of Dayton School of Law for her work helping to write and research this article. Rubia has been clerking with MuesLaw tis Summer. Well done, Rubia!

Resources Referenced:

Content adapted in part from:

American Academy of Matrimonial Lawyers, “Navigating U.S. Passport Applications for Minors Under 16: A Guide for Family Law Attorneys.” https://www.aaml.org/navigating-u-s-passport-applications-for-minors-under-16-a-guide-for-family-law-attorneys/

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