asked the Minister for Foreign Affairs if it is possible to have the children of a person (details supplied) in County Dublin included in her passport.
Written Answers. - Parent/Children Passport.
35.
I would first like to explain that the Passport Office in issuing passport facilities to minor children must conform with the provisions of the Guardianship of Infants Act, 1964. Section 6 of the Act states that "the father and mother of an infant shall be guardians of the infant jointly". Even if one parent has deserted the family and has not been in contact for many years he or she is not deprived of the rights of guardianship. The Passport Office, therefore, in issuing passports to minors, must take care that they do not infringe the legal rights of either the mother or the father otherwise the office could be sued by the injured parent.
However, where a parent is not available to give consent the other parent has the option of applying to the courts under section 11 of the Guardianship of Infants Act, 1964, for an order directing the Passport Office to issue passport facilities to the child or children of the marriage without the consent of the missing parent. Since the Court (Amendment) Act 1981 such an application can be made to the District Court under section 15 of the Courts Act, 1981. The process is, I understand, relatively inexpensive and straightforward. If the party in question, therefore, gets the appropriate court order the Passport Office will be in a position to issue passport facilities to her two children.