Traveling With a Minor: Consent Letters, Passports and Custody

The United States does not require proof that both parents agreed before a child travels abroad, but other countries, airlines and border officials can ask for it. The U.S. State Department says: "The United States does not require evidence of both parents' permission for a minor to travel internationally, but some countries do." A signed consent letter from the parent or parents who are not traveling is the usual way to show that permission.

Getting the child's passport is a separate step with a firmer federal rule. For a child under 16, both parents or guardians generally must take part in the application, or the one who applies must show the other's notarized consent or sole custody (22 CFR 51.28). This page covers both, plus how custody orders and abduction-prevention tools fit in.

Scope: This page covers U.S. federal rules (State Department passport rules, CBP, TSA and the federal parental kidnapping statute) and official guidance from Canada, as read on September 28, 2026. Each destination country sets its own entry and exit rules for minors, and custody and relocation rules are state law. Check every country on the itinerary and the airline before you travel.

To make a letter now, our free child travel consent form generator builds one in English or Spanish in your browser.

Does a child need a consent letter to travel?

U.S. law does not require one to leave or re-enter the United States. The State Department's guidance on traveling with minors says the United States "does not require evidence of both parents' permission for a minor to travel internationally, but some countries do."

The same page describes what those countries can ask for:

• One parent traveling with the child: "In some countries, if you travel alone with your child, you may need a signed and notarized letter from the other parent, or you must provide proof of sole legal custody."
• Child traveling alone or with another adult: "When the child is traveling alone or with someone who is not a parent or legal guardian, some countries require that parents or legal guardians provide a notarized, written permission letter."
• Stricter departure rules: "In some places, it is not possible for a minor to depart without a legal parent or guardian, and some require formal consent from the non-traveling parent."

The State Department also advises: "Always bring a copy of each child's birth certificate or other evidence of your legal relationship to each child."

An example of a country that asks for consent

South Africa is one example. Its government's travel information says that "If a child is travelling with only one parent or someone other than their parents, you'll also need: Parental consent affidavit or court order granting custody/legal guardianship. Copy of the non-travelling parent/guardian's ID or passport and their contact details." The same page lists exemptions and tells travelers to check the Department of Home Affairs for the latest guidance before travel. Other countries have different rules, and they change, so read the official entry requirements for each country on the trip.

Dual nationals

If a child may hold a second nationality through a parent, the other country's exit rules can apply to them. The State Department suggests contacting "that country's embassy or consulate" and asking "about their passport requirements and any entry and exit laws for minors or dual nationals."

Canada's guidance: the most detailed official template

Canada publishes the most complete official guidance on consent letters, and it is useful for any trip. Its consent letter page says: "We recommend that children travelling outside Canada without one or both parents or legal guardians carry a signed consent letter."

It is clear about the letter's legal status: "A consent letter is not legally required in Canada," but it may be requested by immigration authorities when entering or leaving a foreign country, by airline agents, and by Canadian officials when the child enters Canada. The practical risk of not having one is real: "Failure to produce a letter upon request may result in delays or a refusal to enter or exit a country."

Canada recommends a letter for a child traveling alone, with only one parent (even for part of the trip), in the care of friends or relatives, or with a group, and says "any child under the age of 19 should carry a consent letter when travelling abroad without both parents or persons with decision-making responsibility for that child." It also recommends a letter "even if a parenting order or agreement allows one parent to make travel decisions alone."

Travel within the United States

For domestic flights, the TSA says: "TSA does not require children under 18 to provide identification when traveling within the United States." It adds that travelers should "Contact the airline for questions regarding their specific ID requirements for travelers under 18." Airlines also run their own unaccompanied-minor programs, with their own age limits and paperwork.

A consent letter is not a federal requirement for domestic travel. Some families carry one anyway, with a copy of the child's birth certificate, when a grandparent or other adult travels with the child.

Crossing the border by land or sea

U.S. Customs and Border Protection's Know Before You Go page sets out what U.S. citizen children can present when returning from Canada or Mexico:

• Children under 16 by land or sea: "When U.S. citizen children under the age of 16 arrive by land or sea from Canada or Mexico they may present an original or copy of their birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate."
• Groups: U.S. citizen children under 19 traveling with "a school group, religious group, social or cultural organization or sports team" may present the same documents, and "The group should have a letter on organizational letterhead" that includes "A written and signed statement of the supervising adult certifying that he or she has parental or legal guardian consent for each child."
• Air travel: "All U.S. citizens need U.S. passport books if re-entering by air."

What to put in a consent letter

There is no official U.S. form. Canada notes that "There are no official guidelines for the content and format of a consent letter, but it usually includes":

• the name of the child;
• the names and contact information of the parents or others with decision-making responsibility;
• the full name, address and contact information of the accompanying adult and their relationship to the child;
• where the child is traveling and for how long, including specific travel dates.

Who signs

Canada's guidance says the letter "should be signed by any parent or other person who has decision-making responsibility for the child and who is not travelling with them." The guidance names the parents who are not traveling as the signers.

Notarization and originals

A notary's seal is not a U.S. legal requirement for a travel consent letter. It matters because other people may ask for it: the State Department says some countries want a "signed and notarized letter," and Canada says "Any adult may witness the signing of a consent letter; however, it is strongly recommended that a notary public witness sign it."

Canada also warns: "Original signed letters are best. Border officials may not accept photocopies or digital versions and are more likely to question their authenticity." Even a well-drafted letter is not a guarantee. Canada notes that it "may not always be considered sufficient by a country's immigration authorities and there is no guarantee that they will recognize it."

Getting a passport for a child: the two-parent rule

A consent letter does not get a child a passport. The federal passport regulation, 22 CFR 51.28, has its own consent rules.

Children under 16

Under § 51.28(a)(2), "both parents or each of the minor's legal guardians, if any, whether applying for a passport for the first time or for a renewal, must execute the application on behalf of a minor under age 16." The State Department's under-16 passport page puts it plainly: "Both parents or guardians must be present with the child applying in person."

One parent can apply alone in three situations under § 51.28(a)(3) and (a)(5):

1. The other parent consents in writing. The regulation requires "A written statement or affidavit from the non-applying parent or legal guardian ... consenting to the issuance of the passport, and signed before a notary public" or, when the Department authorizes it, a passport specialist at a passport agency or center counter. The State Department uses Form DS-3053 for this, and says "You must submit Form DS-3053 and other notarized statements within 90 days after they are signed or notarized."
2. The applying parent has sole custody or is the only parent. Accepted evidence includes a birth certificate or adoption decree naming only that parent, the other parent's death certificate, or a court order granting sole legal custody "containing no travel restrictions inconsistent with issuance of the passport."
3. Exigent or special family circumstances. "A passport may be issued when only one parent, legal guardian or person acting in loco parentis executes the application, in cases of exigent or special family circumstances."

Joint custody does not help one parent act alone. The regulation says an order "providing for joint legal custody or requiring the permission of both parents or the court for important decisions will be interpreted as requiring the permission of both parents or the court, as appropriate," although a passport may still issue "when compelling humanitarian or emergency reasons relating to the welfare of the minor exist."

Passports for children under 16 "are valid for 5 years," and the State Department says "You cannot renew a child's passport. You must apply in-person each time."

Children aged 16 and 17

Under § 51.28(b), a minor 16 or older "must appear in person and may execute the application for a passport on his or her own behalf," but "The passport authorizing officer may at any time require a minor 16 years of age and above to submit the notarized consent of a parent." The State Department's 16-17 page says "You must show 1 parent or legal guardian is aware that you are applying," and that these passports "are valid for 10 years."

Objecting to a passport

A parent can try to stop a passport before it issues. Section 51.28(c)(1) allows a passport to be denied "upon receipt of a written objection from a parent or legal guardian of the minor ... so long as the objecting party provides sufficient documentation of his or her custodial rights or other authority to object."

Custody orders, relocation and abduction concerns

A consent letter is permission for one trip. It does not change a custody order, and a custody order can restrict travel regardless of what any letter says. If an order controls travel, carry a copy and follow it. Moving a child's residence (as opposed to taking a trip) is governed by state relocation rules; see our child custody laws by state.

Tools for a parent worried about abduction

• Passport alerts. The State Department's Children's Passport Issuance Alert Program "is a free service that allows the U.S. Department of State to alert a parent or legal guardian when someone applies for a U.S. passport for their child." It covers "U.S. citizens under the age of 18." It has limits: "We cannot block the issuance of foreign passports. We cannot prevent a child from traveling internationally once they have a valid passport with CPIAP alone."
• A court order. The State Department's minors page suggests you "Get a court order that prevents anyone from taking your child outside of the United States." CBP's abduction prevention program "seeks to prevent the departure of a child from the United States when presented with a valid, enforceable court order which prohibits the child's removal from the United States."

A passport alert alone cannot stop a child who already holds a valid passport, so if you fear an abduction, get a free case evaluation from a family lawyer on asking the court to bar removal from the United States (attorney advertising).

The federal parental kidnapping crime

Taking a child abroad to defeat the other parent's rights can be a federal crime. 18 U.S.C. § 1204(a) punishes anyone who "removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights" with a fine, up to 3 years in prison, or both. For this statute, a "child" is a person under 16, and parental rights include physical custody "whether joint or sole (and includes visiting rights)."

The statute lists affirmative defenses, including that the defendant "acted within the provisions of a valid court order granting the defendant legal custody or visitation rights" under the uniform custody jurisdiction acts, or "was fleeing an incidence or pattern of domestic violence."

The Hague Abduction Convention

When a child has already been taken to or kept in another country, the Hague Convention may help if that country is a treaty partner. The State Department explains that it "encourages the prompt return of abducted children to the country where they are habitually resident," but that "Filing a case under the Convention does not guarantee that your child will be returned."

How our consent letter generator works

The child travel consent form generator builds the letter in your browser and creates the PDF on your device, in English or Spanish. It handles three situations: a child traveling with one parent, with another adult, or alone.

The letter lists each child (name, date of birth and, if you add it, passport number), each consenting parent or guardian with contact details, the accompanying adult (or, for a child traveling alone, the person meeting them), the destination and dates, and any flight or lodging details. Optional sections add an emergency medical treatment authorization, a note that a custody order or death certificate is attached, a witness line, and blank space for a notary, who completes and attaches their own certificate.

It flags two common mistakes: listing the traveling parent as a consenting signer, and, when no parent is traveling, a reminder to check whether the destination lets a minor depart without a parent at all. The letter says it covers only the trip described and does not change any custody arrangement.

Disclaimer: This page provides general legal information about U.S. federal rules and official Canadian guidance on minors' travel as of September 28, 2026. It is not legal advice. Destination countries, airlines and border officials decide what documents they accept, and custody and relocation are governed by state law and court orders. If a custody order is involved or you are concerned about abduction, consult a family lawyer in your state.

Frequently Asked Questions

Does my child need a consent letter to fly with one parent?

Not under U.S. law. The State Department says the United States does not require evidence of both parents' permission for a minor to travel internationally, but some countries do, and airlines or border officials may ask. For domestic flights, TSA does not require children under 18 to show ID, but check the airline's own rules.

Does a child travel consent letter have to be notarized?

No U.S. rule requires it for the letter itself. Notarization matters when a destination country or airline asks for it, and the State Department notes some countries want a signed and notarized letter. Canada's government says any adult may witness the signing but strongly recommends a notary. The passport consent form, DS-3053, is different: it must be signed before a notary (or, where the State Department allows it, a passport specialist).

Who should sign the letter?

Each parent or guardian who is not traveling with the child. If neither parent is traveling, both sign. Canada's guidance says the letter should be signed by any parent or person with decision-making responsibility who is not traveling with the child.

Can I get my child's passport without the other parent?

For a child under 16, only in limited cases: the other parent signs a notarized statement of consent (Form DS-3053, submitted within 90 days of notarization), you show sole custody or that you are the only parent, or there are exigent or special family circumstances (22 CFR 51.28). A joint custody order is read as requiring both parents' permission.

My ex wants to take our child abroad. What can I do?

You can enroll a U.S. citizen child under 18 in the State Department's Children's Passport Issuance Alert Program, object in writing to a passport application with documentation of your custodial rights, and ask a court for an order that prohibits removing the child from the United States. A family lawyer can advise on the order.

Does a consent letter replace a passport or visa?

No. It shows permission for the trip. The child still needs whatever travel documents the destination and the airline require, and U.S. citizens need a passport book to re-enter the United States by air.