Passport for minors

[Southern_Belle07 146]

Hello! Since gaining citizenship last year, I had no issues getting all my documents, including passport. Since my kid automatically gained citizenship through me, I need to get him a passport. His biological father is not in the picture. He is in another country, not a USC, and even if he can fill out DS-3053, he could not provide the requirements because other countries like ours (Philippines),  

don't have applicable requirements stated in this screenshot. 

 

N600 certificate of citizenship is a bit expensive now, and I'm pretty sure a minor child still needs this DS-3053 passport application.

 

We all know that traveling only with a green card can be a hassle, and gc holders have different lines with US citizens in airport. 

 

How else can I get a US passport for my child

?

[TBoneTX 45,259]

Thread is moved from Off Topic to the "Passports, etc." subforum, where similar matters are discussed.

[top_secret 2,407]

This is a recurring problem for Filipino children with naturalized parents in exactly this situation.  There have been several people here in the past who had this issue.  I don't recall any of them coming back to update their outcomes or resolution though.  I'm assuming from the circumstances that you were not married to the child's biological father but he did acknowledge paternity and is listed on the child's birth certificate.(???)  The strict legal answer is that you have sole parental authority under Philippine law and the US accepts Philippine law on the issue as valid since the child was born there.  The more practical issue is convincing the clerk at the passport office of that.  My own idea would be to apply for the child's passport at US Embassy Manila if you are ever on vacation there, simply because US Embassy Manila is fully knowledgeable about Philippine custody laws and almost certainly wouldn't give you any grief over the issue.  DS-5525 is another possible option too.

 

The DS-11 instructions say 

 

If only one parent/guardian can appear in person with the child, you must also submit one of the following

• Evidence of sole authority to apply
• A written statement (made under penalty of perjury) or DS-5525 explaining, in detail, why the second parent cannot be reached

Maybe you could try citing the relevant Philippine law in a written statement since it is the actual legal justification.(??)  The main problem is finding a sympathetic clerk at the passport office who is willing to listen.

 

https://www.officialgazette.gov.ph/1987/07/06/executive-order-no-209-s-1987/

EXECUTIVE ORDER NO. 209

THE FAMILY CODE OF THE PHILIPPINES

TITLE VI

CHAPTER 1. 

Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.

Chapter 3.

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code.