Can I get my daughter a passport without the biological father’s consent if he hasn’t had contact with her for over 7 years?

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Can I get my daughter a passport without the biological father’s consent if he hasn’t had contact with her for over 7 years?

I am active duty military currently stationed in South Korea. I recently got command sponsorship approved and now have orders that allow me to bring my family over with me. I’m being told however that I cannot obtain a passport for my daughter without her biological father’s consent. My husband has complete POA of my daughter and her biological father hasn’t been around since she was 6 months old. She’s now 8 years old. We don’t know where he’s at and have no way of contacting him. My husband contacted his last known phone number and was told he doesn’t live there. Any way to get around this?

Asked on May 17, 2011 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, unfortunately not.  You are going to have to take the steps you should have 71/2 years ago: terminate his parental rights and have your husband adopt your daughter.  Terminating his rights will then allow you to give your husband a power of attorney to allow him to apply for your daughter's passport while you are in South Korea.  I know what you are thinking: we can't even find him to serve him.  Well the law allows service in different manners once you have made a diligent effort to locate him.  The the court will allow you to publish the summons a few times in the paper and that will be enough.  Get help.  Good luck.


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