Vol. 468 No. 2
10 Mr. Dempsey asked the Tánaiste and Minister for Foreign Affairs if he will consider changing the regulations for the issuing of passports for minors in cases where one parent is deceased in order that the surviving parent does not need to get a sworn affidavit to confirm sole guardianship of the child, particularly in the case of a passport renewal. [13618/96]
Under the Guardianship of Infants Act, 1964 the mother and father of a child born in wedlock are its joint guardians, subject to any qualifying court order. The Act further provides for the right of a parent to appoint, by deed or will, a person to act as guardian of his or her child in the event of the parent's death. Such a person, known as a testamentary guardian, acts jointly with the surviving parent.
The Passport Office is not automatically aware of situations where a testamentary guardian has been appointed. Accordingly, in order to safeguard the rights of parents and guardians as laid down in the Act, a parent claiming to be a child's sole legal guardian, on the basis that the other parent is deceased, is asked to swear an affidavit to that effect and that no other person has been appointed a guardian by the courts or by operation of law.
The affidavit is normally returned to the applicant by the Passport Office and can be re-used when renewing the passport provided that the surviving parent confirms, in writing, that there has been no material change in the circumstances and that he or she continues to be the child's sole legal guardian.
As the purpose of affidavits is to ensure protection of the legal rights of parents and guardians under the Guardianship of Infants Act and other legislation, I do not believe it would be prudent to alter present practice.
