[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Rules and Regulations]
[Pages 6505-6506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3742]



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DEPARTMENT OF STATE

22 CFR Part 51

[Public Notice 2333]


Bureau of Consular Affairs; Passports for Minors

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule amends regulations regarding the basis for issuance 
and denial of passports to minors, both in custodial dispute and non-
dispute situations. These amendments were proposed to promote the well 
being of minors and to discourage persons from circumventing valid 
court orders affecting minors.

EFFECTIVE DATE: December 4, 1995.

FOR FURTHER INFORMATION CONTACT:
Kenneth Hunter, Deputy Assistant Secretary for Passport Services, Room 
6811, U.S. Department of State, Washington, DC 20520; tele: (202) 647-
5366.

SUPPLEMENTARY INFORMATION: Present regulations prescribe the method of 
execution of a passport application for minors and address the issuance 
of passports to minors where a parent or guardian objects, 22 CFR 
51.27. Specifically, the current regulations provide for the denial of 
a U.S. passport to a minor who has been involved in a custodial dispute 
if the passport issuing office receives a court order from a court 
within the country in which passport services are sought. Such a court 
order must provide that the objecting parent, legal guardian or person 
in loco parentis has been granted custody, or forbid the child's 
departure from the country in which passport services are sought 
without the permission of the court.
    The revised regulations will implement a policy of denying passport 
services to minors on the basis of a court order of competent 
jurisdiction that has been registered with the appropriate office at 
the Department of State. For the purpose of these regulations, the 
Department will consider a court of competent jurisdiction to be a U.S. 
state court or a foreign court having jurisdiction over child custody 
issues consistent with the principles of the Hague Convention on the 
Civil Aspects of International Child Abduction and the Uniform Child 
Custody Jurisdiction Act, which favor the exercise of custody 
jurisdiction by the court of the child's ``habitual residence'' or 
``home state.'' While the Department of State is not legally bound by 
U.S. state court and foreign court custody orders, the Department has 
determined that honoring such orders is generally appropriate to 
prevent unlawful child abductions. The revised regulations will, 
however, also authorize the issuance of a passport to a minor who is 
the subject of a custody dispute if compelling humanitarian or 
emergency reasons relating to the minor's welfare warrant the issuance 
of a passport.
    Also included in the amendments is information regarding release of 
information about a minor's passport application to an objecting 
parent.
    A Notice of Proposed Rule was published on October 3, 1995. 
Comments were requested, and none were received. This Final Rule is 
being re-published without change.
    This rule is not exempt from E.O. 12866, but has been reviewed and 
found to be consistent with the objectives thereof. This rule is not 
expected to have a significant impact on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act, 5 U.S.C. 
605(b). In addition, this rule will not impose information collection 
requirements under the provisions of the Paperwork Reduction Act of 
1995, 44 U.S.C. Chapter 35, as amended. Nor does this rule have 
federalism implications warranting the preparation of a Federalism 
Assessment in accordance with E.O. 12612. This rule has been reviewed 
as required by E.O. 12778 and certified to be in compliance therewith.

List of Subjects in 22 CFR Part 51

    Passports, Infants and children.

    For the reasons set forth in the preamble, 22 CFR 51.27 is amended 
as follows:

PART 51--PASSPORTS

Subpart B--Application

    1. The authority citation for section 51.27 continues to read as 
follows:

    Authority: 22 U.S.C. 2658 and 3926.

    2. Section 51.27 is amended by revising paragraphs (b), (c) and (d) 
to read as follows:


Sec. 51.27  Minors.

* * * * *
    (b) Execution of application for minors.
    (1) A minor of age 13 years or above shall execute an application 
on his or her own behalf unless in the judgment of the person before 
whom the application is executed it is not desirable for the minor to 
execute his or her own application. In such case it must be executed by 
a parent or guardian of the minor, or by a person in loco parentis.
    (2) A parent, a guardian, or person in loco parentis shall execute 
the application for minors under the age of 13 years. Applications may 
be executed by either parent, regardless of the parent's citizenship. 
Permission of or notification to the other parent will not be required 
unless such permission or notification is required by a court order 
registered with the Department of State by an objecting parent as 
provided in paragraph (d)(1) of this section.
    (3) The passport issuing office may require a minor under the age 
of 18 years to obtain and submit the written consent of a parent, a 
legal guardian or a person in loco parentis to the issuance of the 
passport.
    (c) Objection by parent, guardian or person in loco parentis in 
cases not involving a custody dispute. At any time prior to the 
issuance of a passport to a minor, the application may be disapproved 
and a passport will be denied upon receipt of a written objection from 
a person having legal custody of the minor.
    (d) Objection by parent, guardian or person in loco parentis in 
cases where minors are the subject of a custody dispute.
    (1)(i) When there is a dispute concerning the custody of a minor, a 
passport may be denied if the Department has on file a court order 
granted by a court of competent jurisdiction in the United States or 
abroad which: (A) Grants sole custody to the objecting parent; or, (B) 
Establishes joint legal cutody; or, (C) Prohibits the child's travel 
without the permission of both parents or the court; or, (D) Requires 
the permission of both parents or the court for important decisions, 
unless permission is granted in writing as provided therein. (ii) For 
passport issuance purposes,a court order providing for joint legal 
custody will be interpreted as requiring the permission of both 
parents. The Department will consider a court of 

[[Page 6506]]
competent jurisdiction to be a U.S. state court or a foreign court 
located in the child's home state or place of habitual residence. 
Notwithstanding the existence of any such court order, a passport may 
be issued when compelling humanitarian or emergency reasons relating to 
the welfare of the child exist.
    (2) Either parent may obtain information regarding the application 
for and issuance of a passport to a minor unless the inquiring parent's 
parental rights have been terminated by a court order which has been 
registered with the appropriate office at the Department of State; 
provided, however, that the Department may deny such information to any 
parent if it determines that the minor is of sufficient maturity to 
assert a privacy interest in his/her own right, in which case the 
minor's written consent to disclosure shall be required.
    (3) The Department may require that conflicts regarding custody 
orders, whether domestic or foreign, be settled by the appropriate 
court before a passport may be issued.

    Dated: February 6, 1996.
Ruth A. Davis,
Acting Assistant Secretary, Bureau of Consular Affairs.
[FR Doc. 96-3742 Filed 2-20-96; 8:45 am]
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