Family and couples · Children · ID documents
Your child’s French passport or ID card when parents are separated
Applying for a child’s French passport or identity card is an everyday act: towards the town hall, each parent who holds parental authority is presumed to act with the other’s agreement (article 372-2 of the Civil Code) and may apply alone. The applying parent must prove they hold that authority. If the other parent objects in writing, the document can be withheld until a family judge decides.
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General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Do you need written consent from the other parent?
No. Neither the other parent’s consent nor the family record book may be demanded at the counter. The divorce or separation judgment can only be requested to put both addresses on the document with shared residence.
Read the referencesYou need to get or recover your child’s passport after a separation: I can tell you who may apply and which documents to prepare.
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Can one parent apply for the child’s passport alone?
Yes. Applying for a child’s passport or identity card is generally accepted as an everyday act of parental authority: towards third parties acting in good faith, such as the town hall, the parent acting alone is presumed to have the other’s agreement. Separation does not change this rule.
The application is made by a person who holds parental authority and proves it, with the child present. Neither the other parent’s consent nor the family record book may be demanded at the counter.
Code civil, article 372-2National Assembly, written question 25983, answer of 2 June 2020Décret n° 2005-1726 du 30 décembre 2005, article 8Décret n° 55-1397 du 22 octobre 1955, article 4-4Service-public: proving parental authority for a minor’s ID
Who can apply, and with which documents?
A few questions about your situation: the tool shows who can apply and which documents to bring.
Fictional example · who applies, with which documents
You can apply alone: it is an everyday act, and the other parent’s consent cannot be required at the counter.
- The child attends the appointment, with your ID, proof of address in your name and a photo under 6 months old
- The child’s identity card; failing that, or if it is over 5 years old, a birth certificate under 3 months old, unless the birth record is digital
- Tax stamp of 17 euros, with photos you supply
- Collected by the applying parent within 3 months, or it is destroyed; it is valid for 5 years
List based on the service-public guides: the town hall or consulate may ask for a document specific to your file.
What can you do if the other parent keeps the passport or ID card?
No text gives either parent custody of the child’s documents, and each parent must respect the child’s ties with the other. Start with a written request that names the appointment or trip planned.
A new passport is only handed over when the old one is returned. Falsely reporting it lost to get another is no way out: obtaining an identity document by fraudulent means is punishable by two years in prison and a 30,000 euro fine.
Code civil, article 373-2Service-public: passport for a minorCode pénal, article 441-6
Can the other parent block the application?
Yes, if they prove their objection. According to the Government, only evidence that the other parent, who also holds parental authority, disagrees can justify a refusal. At consulates, a written objection received while the application is filed or processed suspends it until the parents agree or a judge decides.
Objecting to the document does not stop travel: for that, a parent asks for an emergency exit objection, valid for fifteen days, or a travel ban from the family judge.
National Assembly, written question 23686, answer of 4 January 2022Senate, written question 09010, answer of 10 September 2026National Assembly, written question 25983, answer of 2 June 2020Code civil, article 373-2-6
Which documents fit your family situation?
| Situation | Who may apply | Documents specific to the situation |
|---|---|---|
| Joint authority, child lives with one parent | Either parent | Proof of address in the applying parent’s name |
| Shared residence, one address | Either parent | Proof of address in the applying parent’s name |
| Shared residence, both addresses | Either parent | Proof of shared residence and proof of address for each parent |
| Sole parental authority | The parent who holds it | Any document proving sole authority, such as the judgment |
| Parentage established over a year after birth | The parent who already holds authority, unless a joint declaration or court decision | The joint declaration or judgment, for the other parent |
| Child in child welfare care or under guardianship | The service or the guardian | The judgment; for child welfare, the record that the parents failed to act |
In every case: the child attends, with the applicant’s ID and a photo under 6 months old. A birth certificate under 3 months old is only needed if the child has no document under 5 years old and their birth town’s records are not digital.
Service-public: proving parental authority for a minor’s IDService-public: passport for a minorCode civil, article 372National Assembly, written question 23686, answer of 4 January 2022
Shared residence: can both addresses appear on the ID card?
Yes. A minor’s legal address is with the parents, and with the parent they live with if the parents live apart. With shared residence, the document can show both addresses, on proof of the shared residence (court decision, divorce agreement or parenting agreement) and with proof of address for each parent.
If the other parent does not send their proof of address after the authority writes to them, the document shows only the applying parent’s address.
Code civil, article 108-2Service-public: passport for a minorNational Assembly, written question 23686, answer of 4 January 2022
How do you get back a document the other parent is holding?
By applying to the family judge, who rules at a parent’s request on how parental authority is exercised. The judge can take measures that keep the child’s ties with each parent, and attach a daily penalty to the decision, even without being asked.
A parent who then seriously or repeatedly obstructs the decision faces a civil fine of up to 10,000 euros.
What does article 372-2 of the Civil Code say about everyday acts?
A l’égard des tiers de bonne foi, chacun des parents est réputé agir avec l’accord de l’autre, quand il fait seul un acte usuel de l’autorité parentale relativement à la personne de l’enfant.
In plain English: Towards third parties acting in good faith, each parent is presumed to act with the other’s agreement when doing alone an everyday act of parental authority concerning the child.
The Government notes that getting or renewing an identity card or passport is generally accepted as an everyday act: consent from both parents need not be required when they share parental authority.
What else do parents ask at the counter?
Do you need written consent from the other parent?
No. Neither the other parent’s consent nor the family record book may be demanded at the counter. The divorce or separation judgment can only be requested to put both addresses on the document with shared residence.
Service-public: proving parental authority for a minor’s IDNational Assembly, written question 25983, answer of 2 June 2020
Can a father who recognised the child late apply?
Not alone. A parent whose parentage was established over a year after the birth does not hold parental authority, unless both parents file a joint declaration with the court registry or a family judge decides. With either, they can apply.
Code civil, article 372Service-public: proving parental authority for a minor’s ID
How much does a French passport cost for a minor?
The passport tax stamp costs 42 euros from 15 to 17 and 17 euros under 15, with photos supplied by the applicant. A minor’s passport is valid for 5 years and is collected in the presence of the parent who applied. A minor’s identity card is free for a first application.
Code général des impôts, article 953Service-public: passport for a minorDécret n° 2005-1726 du 30 décembre 2005, article 4Décret n° 2005-1726 du 30 décembre 2005, article 10Service-public: identity card for a minor
Can a parent lodge an objection to any future passport in advance?
Not at consulates: according to the Foreign Ministry, written objections sent before any application is filed are never recorded, and later applications are processed normally. To prevent a departure, the tools are the emergency exit objection and the judge’s travel ban.
Senate, written question 09010, answer of 10 September 2026National Assembly, written question 25983, answer of 2 June 2020Code civil, article 373-2-6
Which texts is this guide based on?
- Code civil, article 372-2Légifrance
- Décret n° 2005-1726 du 30 décembre 2005, article 8Légifrance
- Décret n° 55-1397 du 22 octobre 1955, article 4-4Légifrance
- Décret n° 2005-1726 du 30 décembre 2005, article 4Légifrance
- Décret n° 2005-1726 du 30 décembre 2005, article 10Légifrance
- Code civil, article 372Légifrance
- Code civil, article 373-2Légifrance
- Code civil, article 373-2-6Légifrance
- Code civil, article 108-2Légifrance
- Code général des impôts, article 953Légifrance
- Code pénal, article 441-6Légifrance
- Code civil, article 373-2-8Légifrance
- Service-public: proving parental authority for a minor’s IDService-public.fr
- Service-public: passport for a minorService-public.fr
- Service-public: identity card for a minorService-public.fr
- National Assembly, written question 23686, answer of 4 January 2022Assemblée nationale
- National Assembly, written question 25983, answer of 2 June 2020Assemblée nationale
- Senate, written question 09010, answer of 10 September 2026Sénat
Texts cited last checked: 17 October 2026