Consent for Children

What are the requirements for parents’ or guardians’ consent to passport applications for children under 18 years of age?

Section 7 of the application deals with parental consent for children

The consent of all guardians is required for all children under 18 years of age, unless the applicant is married. Guardianship should not be confused with custody which involves the day to day caring of the child.

• Married parents of a child are joint-guardians and have equal rights in relation to the child;
• Unmarried parents of a child are not joint guardians, only the mother is automatically a guardian of the child. Entry of the father's name in the Register of Births does not give him any guardianship rights in respect of his child.

The rights of parents to guardianship are set down in Section 6 of the Guardianship of Infants Act 1964.

Parents are married or were married

Both parents may fill in and sign the relevant part of Section 7 in the presence of a suitable witness.

If one parent is unwilling or unavailable to give their consent for their child's passport to be issued, a court order dispensing with that parent's consent will be required to proceed with the child's application. This Court Order should direct the Passport Service to dispense with the consent of the unwilling/unavailable parent and allow the Passport Service to issue a passport to your child.

Parents were married but one parent is deceased

The living parent may fill in and sign the relevant part of Section 7 in the presence of a suitable witness.

The original death certificate of the deceased parent together with a Sole Guardian Affidavit form (AFF1) must be submitted. This affidavit should be completed in the presence of a solicitor/commissioner for oaths confirming that the living parent is the sole legal guardian of the child. Print an AFF1 form.

Only mother named on child's birth certificate

The mother of the child must fill in and sign the relevant part of Section 7 of the passport application form in the presence of a suitable witness.

She must also complete a sworn affidavit form (AFF1) in the presence of a solicitor/commissioner for oaths, confirming her as the sole legal guardian. Print an AFF1 form.

Parents not married but both named on child's birth certificate

Child born in Northern Ireland or Great Britain:

If the child's father is named on the birth certificate and the birth was jointly registered by both parents, the father is deemed to have parental responsibility (guardianship) of his child, irrespective of the marital status of the parents.

This was passed into law on the following dates:

• Northern Ireland: 15 April 2002
• England and Wales: 1 December 2003
• Scotland: 4 May 2006

Before this legislation, only the mother was considered an automatic guardian.

Born before legislation

If the child was born before the above dates and the mother is the sole legal guardian of the child, she must complete a sworn affidavit form (AFF1) in the presence of a solicitor/commissioner for oaths. Print an AFF1 form.

Born after legislation

If the child was born in one of these countries after the above dates, both parents must fill in and sign the relevant part of Section 7 in the presence of a suitable witness.

Child born in Ireland:

Both parents may fill in and sign the relevant part of Section 7 in the presence of a suitable witness.

If the mother is the sole legal guardian of the child, she must complete a sworn affidavit form (AFF1) in the presence of a solicitor/commissioner for oaths. Print an AFF1 form.

If the child's father has been granted guardianship rights from the courts, or both parents have completed a Statutory Declaration stating that the father has become a joint-guardian, then the consent of the father is required.

For more information on a Statutory Declaration, contact a solicitor or commissioner for oaths.

Specific Issues Order

If one parent is unwilling or unavailable to give their consent for their child’s passport to be issued, a Specific Issues Order, which dispenses with that parent's consent, must be obtained by the relevant court before we can proceed with the child's application.