Dáil Éireann díospóireacht -
Thursday, 6 Nov 1997

Vol. 482 No. 5

Written Answers - Passport Applications.

Noel Ahern

Ceist:

104 Mr. N. Ahern asked the Minister for Foreign Affairs if he will give details of the problems in granting a passport to a person (details supplied); and if he will give details of the special requirements, if any, in this regard. [18443/97]

Minister for Foreign Affairs (Mr. Andrews)

Under the Guardianship of Infants Act, 1964, the mother and father of a child born in wedlock are its joint guardians, whereas the mother only is the guardian of an infant born out of wedlock, subject to any qualifying court order. To safeguard the rights of parents as laid down in this Act, the Passport Office normally requires the written witnessed consent of both parents when a passport application is made for a person under 18 years of age, unless one of the parents claims to be the child's sole legal guardian. The courts have recognised this to be prudent practice.

The Guardianship of Infants Act gives a parent the right 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 and is also required to give consent to the issue of a passport to the child.

In the case mentioned by the Deputy, where the mother has died and it appears that the surviving parent is a guardian who has deserted his child and is therefore unavailable to give his consent, the Passport Office cannot disregard the guardianship rights which the Act of 1964 has conferred on him. Neither can it disregard the rights of any testamentary guardian or guardians which the deceased parent may have appointed. To resolve the consent issue in this case the Passport Office would firstly have to establish whether or not the mother had appointed a testamentary guardian. If one had been appointed and he or she was exercising guardianship rights over the child it would be up to him or her to ask the District Court to dispense with the consent of the absent guardian for the purpose of having a passport issued to the child. If one had not been appointed, or if the one appointed was not exercising guardianship rights over the child, the Passport Office would advise the child's grandfather to apply to the District Court to appoint him as the child's legal guardian and then to agree to his request to dispense with the need to obtain the consent of all other guardians to the issuing of a passport.

If the child's parents were not married to each other the mother would have been the child's sole legal guardian prior to her death, subject to any qualifying court order. In those circumstances the written witnessed consent and a sworn affidavit from the testamentary guardian — if one was appointed by the mother and, if not, from the child's grandfather — to the effect that he had sole care and custody of the child and that no other guardian had been appointed by the courts or by operation of law would suffice to enable a passport to be issued.