---
title: "Check who must consent before a passport is issued to a child under 16"
url: "https://ailawframework.com/practice/child-protection-and-care-proceedings/check-consent-for-a-child-s-passport-where-a-care-order-is-in-force/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A52-PU20261022-11-US"
practice_area: "Child Protection & Care Proceedings"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check who must consent before a passport is issued to a child under 16

> List the child's age, who the instructions say holds legal custody, and whether both parents or each guardian will be present. Do not write the consent.

Canonical page: https://ailawframework.com/practice/child-protection-and-care-proceedings/check-consent-for-a-child-s-passport-where-a-care-order-is-in-force/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Child Protection & Care Proceedings](https://ailawframework.com/practice/child-protection-and-care-proceedings.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List the child's age, who the instructions say holds legal custody, and whether both parents or each guardian will be present. Do not write the consent. |
| What the lawyer must review | 22 C.F.R. § 51.28 says both parents or each legal guardian must execute a passport application for a minor under 16, unless an exception in that section applies. One parent may apply with the other parent's written consent, or where a court order is read as requiring both parents or the court. The State Department page says both parents or guardians must be present, and if one cannot attend the applicant needs further documents, including Form DS-3053 or a notarized statement submitted within 90 days after it is notarized. |
| Written for | United States |
| Applies to | [Check consent for a child's passport where a care order is in force](https://ailawframework.com/practice/child-protection-and-care-proceedings/check-consent-for-a-child-s-passport-where-a-care-order-is-in-force.md) |

## Checking plan

- What the AI does: List the child's age, who the instructions say holds legal custody, and whether both parents or each guardian will be present. Do not write the consent.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A joint-custody order is read as requiring both parents or the court, subject to the regulation's emergency exceptions. Open the care order. Do not draft the consent.

## Sources

- [22 C.F.R. § 51.28 (minors)](https://www.law.cornell.edu/cfr/text/22/51.28) (checked 2026-10-22)
- [U.S. Department of State: Children under 16](https://travel.state.gov/content/travel/en/passports/need-passport/under-16.html) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*