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Dáil Éireann debate -
Tuesday, 23 Mar 1999

Vol. 502 No. 3

Written Answers. - Passport Applications.

Noel Ahern

Question:

159 Mr. N. Ahern asked the Minister for Foreign Affairs the procedure for a single lone parent to get a passport for a school trip for her 13 year old daughter (details supplied); if an affidavit sworn by the mother in this case will suffice; if it can be witnessed by a peace commissioner; if he will clarify the situation; and if he will make a statement on the matter. [8444/99]

The consent of the father of a child whose parents were never married to each other is not required for passport purposes unless he has acquired joint guardianship rights through a court order or by virtue of a statutory declaration sworn by him and the child's mother.

The Passport Office is not automatically aware when a father is appointed a joint guardian by a court or becomes one by virtue of a statutory declaration. Accordingly, if a mother seeking passport facilities for a child claims to be a single parent, the normal practice of the Passport Office is to ask her to sign an affidavit to the effect that she is the child's sole legal guardian and that no other person has been appointed a guardian by a court or by operation of law. The affidavit must be sworn before a commissioner for oaths; a peace commissioner would not suffice unless he or she were also a commissioner for oaths.

The consent of both parents is normally required for passport purposes where a child's parents are married to each other or, in the case of a child born out of wedlock, where the father has acquired joint guardianship rights. In such instances, when the consent of the father cannot be obtained because he is no longer in contact with the family, the mother is required by the Passport Office to apply to the District Court for an order dispensing with the need to obtain the father's consent and authorising the Passport Office to provide passport facilities for the child. It would appear that this procedure would be the one to follow in the specific circumstances of the case cited by the Deputy.
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