Family

Child's Passport Without the Other Parent's Consent: what to do under Georgian law

When a child's passport can be issued without the consent of the second legal representative: how remote consent works, the exhaustive list of exceptions, the decision procedure and deadlines, and how to appeal a refusal.

What to do

  1. Rule: a child's passport is issued on the consent of the legal representatives given in person before an Agency employee or a consul (Passport Law, Art. 20²). First try remote consent: either in writing before a notary (Passport Law, Art. 20²), or online before the Agency (Passport Law, Art. 20²); notarised consent given abroad is accepted without legalisation or apostille (Passport Law, Art. 20²).
  2. Exceptions: one parent's consent is enough ONLY if (Exit and Entry Law, Art. 8): the child is 16 years old; the other parent has been deprived of parental rights, or those rights have been suspended or restricted by a court; the other parent has been declared missing or dead; the other parent is wanted under the Criminal Procedure Code or is seriously ill and cannot express their will; the other parent's whereabouts are unknown and reasonable efforts to find them have been exhausted; or travel is needed for treatment or for the child's rights, and the other parent's whereabouts are unknown or the parent refuses contrary to the child's interests.
  3. Procedure: in the last two cases, a reasoned decision of an Agency official is required (Passport Law, Art. 20²); the deadline is 10 days from filing the documents (Exit and Entry Law, Art. 9), or 3 days where treatment is needed (Art. 9). Against an Agency refusal, a lawsuit may be filed within 1 month of notification of the decision (APC, Art. 22).
  4. No exception applies: a dispute between the parents is decided by the court (Exit and Entry Law, Art. 8). Do not confuse the two: leaving the country before 16 requires one parent's permission and an accompanying adult (Art. 8); the obstacle in this case is the passport.
  5. Risk: in a case concerning the return of a child, a passport for a child under 16 may be withheld at the request of the central authority (Passport Law, Art. 20²).
  6. Bodies: the passport is issued by the Public Service Development Agency (Ministry of Justice) (Exit and Entry Law, Art. 8).
  7. Where to apply: Public Service Development Agency (Public Service Hall); Georgian consulate; court.
  8. Evidence: birth certificate; court decision on parental rights or on a declaration of absence; certificates of wanted status or illness; evidence of efforts to locate the other parent; treatment documents.
  9. Traps: confusing an exit (one parent's permission) with a passport (both parents); “lives abroad” is not an exception; unknown whereabouts without evidence of search.

Be sure to check

  • as a general rule a child's passport requires the consent of both parents; ways to give remote consent (consul, notary abroad without apostille, online)
  • exhaustive list of cases where one parent's consent suffices (age 16, deprivation of rights, declared absence, unknown whereabouts, treatment, refusal contrary to the child's interests)
  • decision by an Agency official and time limits: 10 days, or 3 days for treatment
  • if no exception applies, the court decides; a refusal may be appealed to court within 1 month

Provisions in force (texts in Georgian)

საქართველოს მოქალაქეების საქართველოდან გასვლისა და საქართველოში შემოსვლის წესების შესახებ

საქართველოს ადმინისტრაციული საპროცესო კოდექსი

საქართველოს მოქალაქეთა და საქართველოში მცხოვრებ უცხოელთა რეგისტრაციის, პირადობის (ბინადრობის) მოწმობისა და საქართველოს მოქალაქის პასპორტის გაცემის წესის შესახებ

საქართველოს სამოქალაქო კოდექსი

This is an overview, not legal advice. Deadlines and amounts follow the current wording of the law — check them against the text of each article.

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