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Immigration March 12, 2010
 
Immigration
 

New Law Requires Both Parents' Consent for U.S. Passport Issuance

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The CPIAP and Prevention of International Parental Child Abduction


Parents who fear their child may be abducted internationally may request the entry of their United States citizen children into the Children's Passport Issuance Alert Program (CPIAP), a service provided by the U.S. Department of State's Office of Children's Issues.  Under the CPIAP, parents or legal guardians of minor children can prevent their child from obtaining a U.S. passport without the knowledge and consent of the parent or legal guardian.   
 
Program Basics
The Office of Children's Issues established the CPIAP to address the problem of international parental child abduction.  The program was instituted as a mechanism to ensure that custodial parents or court ordered legal guardians are notified of any attempts made by another to apply for a U.S. passport for their child.   
 
Basically, a parent or an attorney can request the Office of Children's Issues to place a child's name in the CPIAP lookout system.  The request can either be made independently or in connection with a court proceeding.  Once the child's name is entered into the system, the Department of State will send notification to the parent or the attorney in the event a passport application is filed on behalf of the child. 
 
If the Department of State has one of the following on file, the child's passport application will be denied:
  • Court order granting sole custody to one parent
  • Court order restricting the child's travel
Additional Considerations
Parents should be cautioned that the CPIAP can only offer protection in situations where the child's U.S. passport has not yet been issued – the CPIAP cannot be used for tracking the use of a passport that has already been granted.  In other words, once a passport has been issued, the Department of State does not track or control the use of it.  Further, exit controls do not exist for American citizens leaving the U.S. 
 
In general, the CPIAP system remains in effect until the child turns 18. 
 
Procedural Requirements
The parent, legal guardian, legal representatives, or a court of competent jurisdiction must submit a written request to the Office of Children's Issues in order for the child's name to be entered into the CPIAP.  All requests must contain information regarding the child's full name, date of birth, place of birth, and the address and phone number of the requester.
 
Before the Office of Children's Issues can notify a parent of a U.S. passport application filed on behalf of his child, the Office must have the parent's request on file and documentation demonstrating the relationship between the child and the objecting parent.  Examples of such documentation include birth certificates or court orders of guardianship. 
 
Finally, parents must keep the Office informed in writing of any changes to contact information and legal representation.  Failure to do so may result in a U.S. passport being issued to the child without the parents' knowledge or consent.

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