The Passports Act, 2008 (the Act) requires that each person who is a guardian of a child must provide his/her consent to the issue of a passport to his/her child. In the vast majority of cases the witnessed consent of parents or legal guardians is given on the application form. This record is sufficient to meet the consent requirements of the Act. However, there are cases where only one guardian provides his/her witnessed consent on the application form. The circumstances are not always clear from the details of a passport application. The reasons generally relate to a breakup of the relationship of parents, the death of a parent/guardian or the absence of the father’s details on a child’s birth certificate. Timing can be important in terms of ensuring that the consent aspect of an application is fully compliant with the Act. For instance in the case where a birth certificate is submitted without the father’s details the conclusion might be that the mother is the child’s sole guardian. However, it could be the case for example that the father has acquired guardianship in the period between the registration of a child’s birth and the date of a passport application.
Similarly, the circumstances under which a previous passport was issued to a child on the basis of the sole consent of one parent/guardian may have changed by the time that the passport is due to be renewed. For instance a court order may have been obtained by another family member, such as a grandparent, that determines that this person is also a guardian of that child.
In order to fulfill the legal obligations under the Act in the context of a wide range of family circumstances, the Department requires sole guardians to complete a pro-forma affidavit to accompany each passport application. This is a legal declaration on the part of the sole parent/guardian in which s/he attests -
- to being the child’s sole guardian;
- that there is no Court Order giving the other parent or another person guardianship of the child;
- to not entering an arrangement or agreement which has the effect of making or purporting to make the other parent or another person a guardian of the child;
- that no other person is a guardian by operation of law; and
- that no other circumstances exist whereby there is a guardian.
It is acknowledged that some additional costs may be incurred by the witnessing parent/guardian in having this affidavit completed and sworn. However the submission of the affidavit with an application form ensures that the terms of the Act in relation to consent are complied with; that the right of each guardian is protected as far as possible and that the risk of child abduction is reduced.
There are no plans to review this policy at present.
