Passports Act 2008

Passports for children.

14.— (1) Subject to this section, the Minister shall, before issuing a passport to a child, be satisfied on reasonable grounds that each person who is a guardian of the child consents to the issue of a passport to the child.

(2) If a parent of a child is not a guardian of the child, the Minister shall, in determining whether to issue a passport to the child without the consent to such issue of that parent of the child, have regard to the circumstances of the case in so far as they are known to the Minister.

(3) Subject to this Act, the Minister may issue a passport to a child without the consent to such issue of a guardian of the child if a court in the State makes an order directing that a passport may be issued to the child without the consent to such issue of that guardian of the child.

(4) If a court in the State makes an order under any enactment which authorises a person other than a guardian of the child (including the Health Service Executive) to give consent to the issue of a passport to the child, the Minister may, subject to this Act and for so long as the order is in force, issue a passport to the child in accordance with the order.

(5) Subject to this Act, the Minister may, on application in that behalf to him or her in accordance with section 6 by a guardian of a child, issue a passport to the child without the consent to such issue of the other guardian of the child if it is not practicable or appropriate, by reason of the fact that the first-mentioned guardian and the child are ordinarily resident outside the State, for that guardian of the child to obtain an order of a court in the State directing that a passport may be issued to the child without the consent to such issue of the other guardian of the child and the Minister is satisfied that—

(a) having regard to all the circumstances of the case, including whether or not that other guardian of the child has notified the Minister in writing that he or she objects to the issue of a passport to the child, and

(b) for the purpose of securing the welfare of the child,

a passport should be issued to the child.

(6) Subject to this Act, the Minister may, on application in that behalf to him or her in accordance with section 6 by a guardian of the child or any other person who has an interest in the welfare of the child, issue a passport to the child without the consent to such issue of the other guardian or, if appropriate, any of the guardians of the child if the Minister is satisfied that—

(a) there exist in relation to the child exceptional circumstances involving an immediate and serious risk of harm to his or her life, health or safety requiring him or her to undertake travel for which a passport is required, and

(b) for the purpose of securing the welfare of the child,

a passport should be issued to the child.

(7) A passport issued under subsection (6) shall be valid for such period as the Minister considers appropriate in the circumstances.

(8) The Minister may, for the purposes of subsection (1), regard a consent given in writing by a guardian of a child to the issue of a passport to the child as being the consent of that guardian of the child to the issue of a passport to the child at any time or times after the consent is given until the child attains full age, unless that guardian of the child revokes the consent by notification in writing to the Minister.

(9) Notwithstanding subsection (8), the Minister shall require one guardian of a child who applies to the Minister for the issue of a passport to the child to give consent in writing to such issue.