Passport Issues

Ulnar

Can a child's passport application be refused because both parents signed the form?

The issue is that my son's father didn't sign his birth cert. Our son arrived prematurely so I registered his birth whilst his dad watched over him in the NICU. Now his application has been returned until I get a document stating I am his only legal guardian. The annoying thing is we are due to be married in 12 days time and from speaking with the registrar we were told that his dad automatically becomes his guardian from our marriage and that there is no need to apply for guardianship.

I spent the morning speaking to a passport office official who told me I was wrong that guardianship is not automatic with marriage between both parents, she then hung up when I asked to speak to a supervisior.

Before we submitted his application we spoke to staff in DFA about him signing without being on the birth cert and were told it wasn't an issue.

Any advice??

Ray Palmer

Don't ask this on after hours

Ulnar

Cheers, if mods could move to an appropriate section

BillyMitchel

Just before its moved. My situation was when my son was born (10 years ago) that because we werent married that is mother is the sole guardian. I signed everything at birth too. I think you might need a trip to the courts. Im not 100% and as I said it was 10 years ago so maybe things have changed. Best of luck.

pundy

send in the form again with only your own signature on it? then if you both get guardianship at marriage, then what does it matter, for the sake of a passport ?

Jester252

Ulnar wrote: »

Can a child's passport application be refused because both parents signed the form?

The issue is that my son's father didn't sign his birth cert. Our son arrived prematurely so I registered his birth whilst his dad watched over him in the NICU. Now his application has been returned until I get a document stating I am his only legal guardian. The annoying thing is we are due to be married in 12 days time and from speaking with the registrar we were told that his dad automatically becomes his guardian from our marriage and that there is no need to apply for guardianship.

I spent the morning speaking to a passport office official who told me I was wrong that guardianship is not automatic with marriage between both parents, she then hung up when I asked to speak to a supervisior.

Before we submitted his application we spoke to staff in DFA about him signing without being on the birth cert and were told it wasn't an issue.

Any advice??

What passport office are you using. From experience the Cork office is much more helpful and understanding.

biko

Is it really that urgent? Or are you getting married abroad and want to bring the child?
If not urgent just wait until after the marriage and then apply again.

Ulnar

biko wrote: »

Is it really that urgent? Or are you getting married abroad and want to bring the child?
If not urgent just wait until after the marriage and then apply again.

We're getting married abroad so we do need it. I just find it frustrating when they dismiss your queries and then hang up on you

SEPT 23 1989

the father will have to adopt his own son once you are married

Ulnar

Jester252 wrote: »

What passport office are you using. From experience the Cork office is much more helpful and understanding.

It's the dublin office :-(

Ulnar

pundy wrote: »

send in the form again with only your own signature on it? then if you both get guardianship at marriage, then what does it matter, for the sake of a passport ?

I said I'd resubmit his application with just me on it but she said no that I have to get an affidavit signed

MadsL

Ulnar wrote: »

I said I'd resubmit his application with just me on it but she said no that I have to get an affidavit signed

Both parents have to be informed and give consent for a passport to be issued. Obviously to prevent one fleeing the country with the child.

In the case when one parent is not contactable then an affidavit must be signed to state that the single parent is the only guardian.

Either sign the affidavit or get both of you signing and witnessed at a Garda station.

You think this is complicated - try it when you live on separate continents, even for passport renewals.

Ulnar

MadsL wrote: »

Both parents have to be informed and give consent for a passport to be issued. Obviously to prevent one fleeing the country with the child.

In the case when one parent is not contactable then an affidavit must be signed to state that the single parent is the only guardian.

Either sign the affidavit or get both of you signing and witnessed at a Garda station.

You think this is complicated - try it when you live on separate continents, even for passport renewals.

We both signed the form and that's the reason they refused it!

banie01

Did you have both signatures witnessed correctly?
And did you include your own passports and all required documents with the application for childs passport??

And its a stupid system really!
I am my son's sole guardian, was widowed 7yrs ago and the 2 times I've had to renew his passport since we lost his Mam....
I have not only had to submit her death certificate, but also a copy of the guardianship order(Legally appointing myself as Sole Guardian!) along with the notarised sole guardianship affidavit....
Which considering I have a court order granting the same is kind of redundant!
I can only presume this is in case Zombie mom raises some sort of objection???

The Irish government and Dept of F.A in general can be an absolute balls to deal with OP!
Hope ya get it sorted soon.

December2012

This may be something that your local TD could sort for you.

General General

I love the way she hung up. Not completely unheard of behaviour, in public & private sectors.

I have wondered about similar situations, what the hell is the person thinking, when they just hang up?

pow wow

Yes, if there is nothing to show that one of the people signing is actually a parent. If both parents are named on the birth certificate and both sign the passport application form, there is no issue. If they are unmarried then legally the mother is the sole legal guardian, but if the father is also named on the birth cert he is entitled to give consent on the passport application form.

In cases where there is no father named on the birth certificate OR he is named but the parents were unmarried at the time of birth and he is unable/unwilling to sign the passport application form then a sole legal guardian (AFF1) form is required from the mother.

OP, as you've said your child's father isn't recorded on his birth certificate then you do need to submit the sole legal guardian affidavit. Once you marry iirc you apply to have him included in your child's birth certificate and a new certificate issues which means you won't have a problem in the future. The rules may seem unfair, but they are there for a reason.

Ulnar

pow wow wrote: »

If both parents are named on the birth certificate and both sign the passport application form, there is no issue. If they are unmarried then legally the mother is the sole legal guardian, but if the father is also named on the birth cert he is entitled to give consent on the passport application form.

In cases where there is no father named on the birth certificate OR he is named but the parents were unmarried at the time of birth and he is unable/unwilling to sign the passport application form then a sole legal guardian (AFF1) form is required from the mother.

OP, as you've said your child's father isn't recorded on his birth certificate then you do need to submit the sole legal guardian affidavit. Once you marry iirc you apply to have him included in your child's birth certificate and a new certificate issues which means you won't have a problem in the future. The rules may seem unfair, but they are there for a reason.

I have no problem abiding by the rules it's the misinformation given that is the issue. We spoke at lengths to a staff member in the passport office, we explained the situation and on the information we received we submitted the application.

I can't abide rudeness and having the phone put down on you because you correct someone when they misquote the law sucks!

I have lodged a complaint and seemingly this staff member has a 'prickly personality'

Ulnar

Thank you all for your help