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Form DS-5525: Statement of Special Family Circumstances (2026)

Used for child passport applications when the absent parent cannot provide DS-3053 consent due to sole custody, missing parent, incapacity, or other special circumstances.

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What is Form DS-5525?

Form DS-5525, officially titled โ€œStatement of Exigent/Special Family Circumstances for Issuing a U.S. Passport to a Minor Under Age 16,โ€ documents situations where the standard two-parent consent process cannot be followed for a child passport application.

U.S. passport law requires both parents (or legal guardians) to consent to passport issuance for children under 16. Normally this is handled by both parents appearing in person, or by the absent parent completing a notarized DS-3053. DS-5525 covers the rarer cases where neither path is possible โ€” when one parent is unavailable, unreachable, or legally unable to provide consent.

Unlike DS-3053, DS-5525 is discretionary. The State Department reviews each DS-5525 submission on a case-by-case basis and decides whether to waive the second-parent consent requirement. The strength of your supporting documentation directly affects the outcome.

Key Facts About DS-5525

  • Free form โ€” No government fee for the form itself
  • No notarization required โ€” Unlike DS-3053
  • Documentation-driven โ€” Strength of your supporting evidence determines approval
  • Discretionary review โ€” State Department decides case-by-case
  • Child passport only โ€” For minors under 16
  • Submitted with DS-11 โ€” Used in conjunction with the main child passport application

Qualifying Special Circumstances

Sole Legal Custody

You have been awarded sole legal custody of the child by court order. The court order must explicitly state โ€œsole legal custodyโ€ โ€” physical custody alone does not qualify. Submit a certified copy of the custody order with DS-5525.

Absent Parent Cannot Be Located

Despite reasonable, documented efforts, you cannot locate the other parent. The State Department expects you to demonstrate good-faith efforts: certified mail to last known addresses, contact attempts to family members, hiring a process server or skip tracer, filing missing persons reports. Document everything.

Incapacitated Parent

The absent parent is mentally or physically incapacitated and cannot give informed consent. Supporting documentation may include medical records, court-ordered conservatorship or guardianship documents, mental health commitment orders, or physician statements.

Incarcerated Parent

The absent parent is in prison and cannot be reached or refuses to cooperate. Documentation should include the prison name and address, inmate identification number, and evidence that you have attempted to communicate with the parent through proper channels.

Terminated Parental Rights

The absent parent's legal parental rights have been terminated by court order. This is the strongest possible documentation โ€” once parental rights are terminated, the parent has no legal standing to consent or object to passport issuance. Submit a certified copy of the termination order.

Parental Abduction or Domestic Violence Concerns

Active concerns about international parental abduction (the absent parent attempting to take the child abroad) or documented domestic violence may justify DS-5525 use. Restraining orders, police reports, and family court records support these cases. The State Department's Children's Issues team specifically reviews these applications.

Foreign-Resident Parent (Difficult Cases)

If the absent parent lives abroad in a country without easy U.S. consular access, or in a country where they cannot be safely reached, DS-5525 may be appropriate. Provide documentation of the foreign residence and explain why DS-3053 (which can be signed at U.S. embassies) is not feasible.

Required Supporting Documentation

โš ๏ธ DS-5525 without strong supporting documentation is likely to be denied. The State Department needs concrete evidence that the special circumstance is real and that DS-3053 is not feasible.

Court Orders (Most Powerful Evidence)

  • Sole legal custody orders (must explicitly say โ€œsole legal custodyโ€)
  • Termination of parental rights orders
  • Restraining orders or protective orders
  • Court-appointed conservatorship or guardianship
  • Adoption decrees

Court orders must be certified copies, not photocopies.

Government Records

  • Death certificates (certified copies)
  • Prison records or inmate identification
  • Mental health commitment orders
  • Police reports for missing persons
  • Foreign government documentation for parents abroad

Third-Party Documentation

  • Affidavits from clergy, attorneys, or social workers
  • Medical records and physician statements
  • Domestic violence shelter or advocate documentation
  • Skip tracer or process server reports
  • Certified mail receipts and returned envelopes

DS-5525 vs DS-3053: Choosing the Right Form

CriterionDS-3053DS-5525
Absent parent consents?YES โ€” but cannot appear in personNO โ€” cannot or will not consent
Notarization requiredYes (form itself)No (form itself)
Documentation neededPhoto ID copyExtensive supporting evidence
State Department reviewRoutineDiscretionary case-by-case
Approval likelihoodNear-certain if completeDepends on documentation
Processing timeStandard 6-8 weeks routineOften longer due to review
Best forWorking parent away, military, joint custodySole custody, missing parent, incapacity, terminated rights

๐ŸŽฏ Quick Decision

If the absent parent CAN sign a notarized form: Use DS-3053. It is faster and more reliable.

If the absent parent CANNOT or WILL NOT consent: Use DS-5525 with strong supporting documentation.

If both parents cannot consent: A legal guardian must apply with court-issued guardianship documentation, plus DS-5525.

How to Fill Out DS-5525

Step-by-Step Instructions

Step 1: Download the latest version. Get DS-5525 from eforms.state.gov.

Step 2: Complete the appearing parent's information. Full legal name, date and place of birth, current mailing address, daytime phone number, and relationship to the child.

Step 3: Complete the child's information. Full legal name, date of birth, place of birth.

Step 4: Provide the absent parent's known information. Name, last known address, last known phone number, and any other identifying information you have. If you have no information, state that clearly.

Step 5: Explain the special circumstance in detail. Use the narrative section to describe the situation. Be specific, factual, and complete. Reference the supporting documentation by name.

Step 6: Document your efforts to involve the absent parent. Even if you cannot locate them, the State Department wants to see good-faith efforts. List every attempt with dates.

Step 7: Sign and date the form. No notarization required for DS-5525 itself, but be honest โ€” the form is signed under penalty of perjury.

Submitting DS-5525

DS-5525 is submitted in person at a passport acceptance facility along with the child's DS-11 application. For complex cases, scheduling an appointment at a regional passport agency may be advisable.

Complete Submission Package

  • Form DS-11 โ€” Child's passport application (do not sign in advance)
  • Form DS-5525 โ€” Completed and signed
  • All supporting documentation โ€” Court orders, government records, third-party affidavits
  • Child's evidence of citizenship โ€” Certified birth certificate or prior U.S. passport
  • Appearing parent's photo ID โ€” Front and back
  • Evidence of parental relationship โ€” Birth certificate listing parent names, adoption decree
  • One passport photo of the child โ€” 2x2 inches, taken within last 6 months
  • Application fees โ€” $135 routine ($100 book + $35 execution) or $195 expedited

โš ๏ธ Common DS-5525 Issues That Cause Denials

  • Insufficient documentation โ€” vague claims without court orders or government records
  • Outdated court orders โ€” old custody orders that may have been modified
  • Missing efforts to locate absent parent โ€” no documented good-faith attempts
  • Joint custody mistaken for sole custody โ€” only sole legal custody qualifies
  • Inconsistent narrative โ€” facts in DS-5525 contradicting supporting documents
  • Photocopies instead of certified copies โ€” court orders must be certified

Frequently Asked Questions About DS-5525

When is Form DS-5525 required?
DS-5525 is required when one parent cannot consent to a child passport application AND the situation does not fit the standard DS-3053 process. Typical scenarios include: the absent parent cannot be located despite reasonable efforts, the parent is incapacitated (mental health facility, prison, severe illness), the parent has abandoned the family, or there is a history of domestic violence or child abduction concerns. DS-5525 lets you document these special circumstances and request the State Department waive the second-parent consent requirement.
How is DS-5525 different from DS-3053?
DS-3053 is used when the absent parent CONSENTS but cannot appear in person โ€” they sign and notarize the form to provide written consent. DS-5525 is used when consent CANNOT be obtained at all โ€” because the parent is missing, incapacitated, or otherwise unable to provide consent, or the appearing parent has legal grounds to apply without the other parent's involvement. DS-3053 is straightforward; DS-5525 requires extensive supporting documentation and State Department review.
What documentation supports DS-5525?
Supporting documentation depends on the circumstance: court orders for sole custody or termination of parental rights, police reports for missing parents, medical records or commitment orders for incapacity, prison records for incarcerated parents, restraining orders or domestic violence documentation, foreign embassy reports for parents abroad, or signed statements from third parties (clergy, attorneys, social workers) attesting to the situation. The more documentation, the stronger the case for waiver.
Does DS-5525 guarantee the passport will be issued?
No. DS-5525 documents the circumstances and requests a waiver of the second-parent consent requirement, but the State Department has discretion to approve or deny each case individually. They review the documentation, may request additional evidence, and may deny applications where the supporting documentation is weak. In contested or complex cases, processing can take significantly longer than routine timelines.
What if the absent parent reappears after DS-5525 is filed?
If the absent parent reappears or becomes available before the passport is issued, you should immediately notify the State Department and pivot to the standard DS-3053 process if possible. If the passport has already been issued under DS-5525 and the absent parent objects after the fact, they can file legal action to challenge the issuance. Always document your good-faith efforts to involve the other parent.
Can DS-5525 be used for adult passport applications?
No. DS-5525 is specifically for child passport applications (minors under 16) where two-parent consent is normally required. Adult passport applicants do not need parental consent regardless of family circumstances. If the applicant is 16 or 17, different rules apply โ€” both parents do not need to be present, but the applicant must apply in person and provide their own documentation.
How long does DS-5525 review take?
Processing times vary widely based on case complexity. Straightforward cases (clear sole custody court orders, well-documented parental death certificates) may process within standard 6-8 week routine timelines. Complex cases involving missing parents, contested custody, or international elements can take 12+ weeks. Expedited service is available but does not guarantee faster review of the special circumstances themselves.
Do I need an attorney to file DS-5525?
An attorney is not required, but legal counsel can be invaluable for complex cases โ€” especially those involving custody disputes, international parental abduction concerns, or terminated parental rights. For straightforward cases (sole custody with clear court order, parent in prison with documentation, parent in long-term care facility), most parents successfully file DS-5525 themselves with the help of a passport expediting service.
Can I use DS-5525 if both parents are unavailable?
If both parents cannot appear and cannot consent (both deceased, both incarcerated, both incapacitated), the legal guardian must apply for the child's passport. DS-5525 may be filed by the guardian along with a certified court order establishing legal guardianship. Without proper legal guardianship documentation, a third party (grandparent, aunt, uncle) cannot apply for a child's passport even with DS-5525.
Where do I get Form DS-5525?
Download the latest version of DS-5525 from the State Department website at eforms.state.gov. Always use the current version โ€” older versions are routinely rejected. The form itself has no fee; you only pay the standard child passport fees ($100 for the book + $35 execution fee = $135 routine for first-time applicants). Notarization is not required for DS-5525 itself, though some supporting documents may need certification.

Special Circumstances Need Specialist Help

DS-5525 cases are complex and high-stakes. Our specialists review your documentation, identify gaps, and expedite processing. Don't risk denial.

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Professional Help With Special Circumstances Cases

How We Help With DS-5525 Filings

  • Documentation review โ€” We assess whether your supporting evidence is strong enough before you submit
  • Narrative drafting โ€” Clear, factual explanations that match the State Department's expectations
  • Regional passport agency guidance โ€” Help scheduling appointments at offices that handle complex cases
  • Expedited submission โ€” Hand-delivery to State Department for faster review
  • Status monitoring โ€” We track your application and respond to State Department requests
  • Specialist consultation โ€” Free phone consultation to determine the right path for your situation

Talk to a child passport specialist โ†’

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