Hi there. Australia has strict laws around issuing passports to children and the parental consent needed for a child’s passport to be issued. The laws are designed to prevent children from being taken overseas by one parent against the wishes or knowledge of the other parent.

The law states that a passport for a child can only be issued if each person who has parental responsibility for the child has provided written consent for the child to have a passport. Generally, people with parental responsibility are the parents named on the child’s full birth certificate. Written consent must be provided in accordance with the instructions on the passport application form and must be witnessed by an appropriate person.

Obtaining written consent from both parents may not always be possible. The law recognises this and allows a child’s passport application to be considered under the ‘special circumstances’ provisions in the relevant passports legislation. ‘Special circumstances’ include, but are not limited to:

• where the non-consenting parent has not been contactable for a reasonable period of time;
• where a family violence order exists against the non-consenting parent; or
• where the non-consenting parent is medically incapable of providing consent.

If you are unable to obtain the consent of the other parent and believe you satisfy one of the special circumstances, you must complete form ‘B9 – Child without full parental consent’ (available from www.passports.gov.au) in support of the child’s passport application. The Department of Foreign Affairs and Trade, which is responsible for issuing passports, will assess your application and determine whether special circumstances exist. The delegate assessing the application may issue the passport, deny the application because special circumstances do not exist, or refuse to make a decision because it should be dealt with by a court.

Instead of applying to the Department of Foreign Affairs and Trade, you have the option of applying directly to court for a passport to be issued to a child. You would need to prepare and lodge formal legal documents with the Federal Circuit Court, which may require professional assistance from a lawyer.

Suggested way forward

From the information you provided, you may have special circumstances on the grounds that your child’s father is medically incapable of providing consent. You need to submit form B9 together with your child’s passport application and provide evidence of the special circumstances. Alternatively, you may want to consider speaking to a lawyer who can advise you of your legal options, including the option of applying directly to court for the issue of a passport for your child. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.