[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Proposed Rules]
[Pages 51760-51762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24344]
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DEPARTMENT OF STATE
22 CFR Part 51
[Public Notice 2262]
Bureau of Consular Affairs; Passports for Minors
AGENCY: Department of State.
ACTION: Notice of proposed rule.
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SUMMARY: This Notice proposes to amend regulations regarding the basis
[[Page 51761]]
for issuance and denial of passports to minors, both in custodial
dispute and non-dispute situations. These amendments are being proposed
to promote the well being of minors and to discourage persons from
circumventing valid court orders affecting minors.
DATES: Written comments must be received on or before December 4, 1995.
ADDRESSES: Interested persons are invited to submit comments in
duplicate to the Deputy Assistant Secretary for Passport Services,
Bureau of Consular Affairs, Room 6811, U.S. Department of State,
Washington, D.C. 20520.
FOR FURTHER INFORMATION CONTACT:
Kenneth Hunter, Deputy Assistant Secretary for Passport Services, Room
6811, U.S. Department of State, Washington, D.C. 20520; telephone:
(202) 647-5366.
SUPPLEMENTARY INFORMATION: Present regulations prescribe the method of
execution of a passport application for minors and address the issuance
of passports to minors where a parent or guardian objects. 22 C.F.R.
51.27. Specifically, the current regulations provide for the denial of
a U.S. passport to a minor who has been involved in a custodial dispute
if the passport issuing office receives a court order from a court
within the country in which passport services are sought. Such a court
order must provide that the objecting parent, legal guardian or person
in loco parentis has been granted custody, or forbid the child's
departure from the country in which passport services are sought
without the permission of the court.
The revised regulations would implement a policy of denying
passport services to minors on the basis of a court order of competent
jurisdiction that has been registered with the appropriate office at
the Department of State. For the purpose of these regulations, the
Department will consider a court of competent jurisdiction to be a U.S.
state court or a foreign court having jurisdiction over child custody
issues consistent with the principles of the Hague Convention on the
Civil Aspects of International Child Abduction and the Uniform Child
Custody Jurisdiction Act, which favor the exercise of custody
jurisdiction by the court of the child's ``habitual residence'' or
``home state.'' While the Department of State is not legally bound by
U.S. state court and foreign court custody orders, the Department has
determined that honoring such orders is generally appropriate to
prevent unlawful child abductions. The revised regulations would
however, also authorize the issuance of a passport to a minor who is
the subject of a custody dispute if compelling humanitarian or
emergency reasons relating to the minor's welfare warrant the issuance
of a passport.
Also included in the proposed amendments is information regarding
release of information about a minor's passport application to an
objecting parent.
This rule is not exempt from E.O. 12866, but has been reviewed and
found to be consistent with the objectives thereof. This rule is not
expected to have a significant impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act, 5 U.S.C.
605(b). In addition, this rule would not impose information collection
requirements under the provisions of the Paperwork Reduction Act of
1980, 44 U.S.C. Chapter 35. Nor does this rule have federalism
implications warranting the preparation of a Federalism Assessment in
accordance with E.O. 12612. This rule has been reviewed as required by
E.O. 12778 and certified to be in compliance therewith.
List of Subjects in 22 CFR Part 51
Passports, Infants and Children.
For the reasons set forth in the preamble, 22 CFR 51.27 is proposed
to be amended as follows:
PART 51--PASSPORTS
Subpart B--Application
1. The authority citation for section 51.27 continues to read as
follows:
Authority: 22 U.S.C. 2658 and 3926; 31 FR 13540, Oct. 20, 1966,
as amended at 43 FR 1791, Jan. 12, 1976; 44 FR 41777, July 18, 1979;
49 FR 16989, Apr. 23, 1984.
2. Section 51.27 is amended by revising paragraphs (b), (c) and (d)
to read as follows:
Sec. 51.27 Minors.
* * * * *
(b) Execution of application for minors.
(1) A minor of age 13 years or above shall execute an application
on his or her own behalf unless in the judgment of the person before
whom the application is executed it is not desirable for the minor to
execute his or her own application. In such case it must be executed by
a parent or guardian of the minor, or by a person in loco parentis.
(2) A parent, a guardian, or person in loco parentis shall execute
the application for minors under the age of 13 years. Applications may
be executed by either parent, regardless of the parent's citizenship.
Permission of or notification to the other parent will not be required
unless such permission or notification is required by a court order
which has been registered with the Department of State by an objecting
parent as provided in 51.27 (d)(1).
(3) The passport issuing office may require a minor under the age
of 18 years to obtain and submit the written consent of a parent, a
legal guardian or a person in loco parentis to the issuance of the
passport.
(c) Objection by parent, guardian or person in loco parentis in
cases not involving a custody dispute. At any time prior to the
issuance of a passport to a minor, the application may be disapproved
and a passport will be denied upon receipt of a written objection from
a person having legal custody of the minor.
(d) Objection by parent, guardian or person in loco parentis in
cases where minors are the subject of a custody dispute.
(1) (i) When there is a dispute concerning the custody of a minor,
a passport may be denied if the Department has on file a court order
granted by a court of competent jurisdiction in the United States or
abroad which:
(A) Grants sole custody to the objecting parent; or,
(B) Establishes joint legal custody; or,
(C) Prohibits the child's travel without the permission of both
parents or the court; or,
(D) Requires the permission of both parents or the court for
important decisions, unless permission is granted in writing as
provided therein.
(ii) For passport issuance purposes, a court order providing for
joint legal custody will be interpreted as requiring the permission of
both parents. The Department will consider a court of competent
jurisdiction to be a U.S. state court or a foreign court located in the
child's home state or place of habitual residence. Notwithstanding the
existence of any such court order, a passport may be issued when
compelling humanitarian or emergency reasons relating to the welfare of
the child exist.
(2) Either parent may obtain information regarding the application
for and issuance of a passport to a minor unless the inquiring parent's
parental rights have been registered with the appropriate office at the
Department of State; provided, however, that the Department may deny
such information to any parent if it determines that the minor is of
sufficient maturity to assert a privacy interest in his/her own right,
in which case the minor's written consent to disclosure shall be
required.
[[Page 51762]]
(3) The Department may require that conflicts regarding custody
orders, whether domestic or foreign, be settled by the appropriate
court before a passport may be issued.
Dated; September 21, 1995.
Mary Ryan,
Assistant Secretary of State for Consular Affairs.
[FR Doc. 95-24344 Filed 10-2-95; 8:45 am]
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