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Parental consent explained

 

Parental consent explained

If you have children under 18, to apply for your passport or ID card you need the other parent’s consent. Whether you are married, cohabiting, separated, divorced or natural parent is irrelevant. The reason for this is to protect the minor. The other parent needs to sign a consent at the Consulate before a public official (who certifies their signature).

If the other parent is an EU national and is unable to attend to sign the consent, the passport applicant may submit the consent signed by the other parent together with a photocopy of their own ID document (which must include the page where the signature appears so that the passport officer may verify it).

If one of the parents is a non-EU national, they need to sign the consent in one of the following ways:

  • Before a Consular officer when applying for a passport
  • Before a public official in Italy
  • Before a British notary public (after an apostille has been affixed to the consent).
  • If the non-EU parent is in a country other than Italy or the UK, before a consular officer at the relevant consular office where they are.

If one of the parents is deceased, a copy of their death certificate must also be submitted.

If the passport is for a minor (under 18), both parents must sign the consent in one of the ways described above.

If the other parent’s consent cannot be obtained, the passport applicant may initiate the procedure for the issue of a Consular decree, signed by the Consul General acting as Judge supervising a guardianship, with which they may exceptionally authorise the issue of a passport or another travel document.

To this end the applicant will need to submit a formal request whereby they specify the reasons of the failure to obtain the other parent’s consent or why their refusal is deemed specious or unjustified. It must also contain detailed information pertaining to parental responsibility and custody of the minor, as well as the last known address and telephone numbers of the unwilling parent so that the Consulate may contact them directly.

If the reasons given by the unwilling parent have been ascertained and deemed to be unjustified, the Consul General, acting as a Judge supervising a guardianship may issue a consular decree authorising the issue of a passport or another travel document.

Please note that this procedure entails a voluntary process and is of an exceptional nature. Therefore, it may be used only if it is absolutely impossible for the applicant to obtain the consent required by law.


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