DS-5525: Notarizing Statement of Exigent/Special Family Circumstances

If you are applying for a U.S. passport for a child under 16 and the other parent cannot sign Form DS-3053, the State Department may accept Form DS-5525 — Statement of Exigent/Special Family Circumstances in its place. The key word is may. DS-5525 is not a shortcut around the two-parent consent rule; it is a narrower, higher-scrutiny substitute that you use only when DS-3053 is genuinely out of reach, and you are expected to document why.

This guide covers when DS-5525 applies, what the State Department actually looks for, when a court order is required instead, and how to get the form notarized online.

What DS-5525 is (and is not)

For a first-time passport for any U.S. child under 16, federal law requires the consent of both parents or legal guardians. The default vehicle for that consent is DS-3053, which the non-applying parent signs in front of a notary. DS-5525 enters the picture only when DS-3053 cannot be produced.

DS-5525 is:

• A sworn statement from the applying parent explaining why the other parent cannot provide consent.
• Notarized, like DS-3053, because the applying parent is swearing to facts under penalty of perjury.
• Reviewed by a passport specialist, not just rubber-stamped by the acceptance agent.

DS-5525 is not:

• An "easier option" you can pick if the other parent is simply uncooperative or slow to return the form.
• A replacement for a custody order when one exists.
• A form you submit without supporting documentation.

When State will accept DS-5525

The form itself lists specific categories the State Department recognizes. Your situation must fit one of them. The accepted grounds are:

• The other parent cannot be located despite good-faith efforts to find them.
• The other parent is incarcerated and unable (or practically unable) to execute a notarized DS-3053.
• The other parent is institutionalized or incapacitated — hospitalized, in long-term care, under a mental-health hold, or otherwise unable to give informed consent.
• Other extraordinary circumstance — a catch-all for narrow cases (e.g., active military deployment in a zone with no notary access, severe domestic-violence history documented by protective orders).

If your situation does not clearly map to one of these, do not file DS-5525. Contact the National Passport Information Center or consult a family-law attorney first.

What "cannot be located" actually means

This is the most common DS-5525 scenario and the one passport officers look at most carefully. You are expected to show documented, good-faith efforts to find the absent parent. That typically includes:

• Certified-mail letters to the last known addresses, with return receipts.
• Email and text message threads, with timestamps.
• Affidavits or written statements from family members, mutual friends, or former employers who have also tried to make contact.
• Social media search results (screenshots of profile searches, last activity dates).
• Records from a licensed skip-trace service or private investigator, if you engaged one.
• Any court filings, default notices, or returned-mail receipts from a divorce or custody case.

You do not have to hire an investigator. You do have to demonstrate that you made a reasonable attempt using channels a normal person would use. Keep everything — the passport agent may ask to see it at the appointment, and State can request additional evidence during review.

When a court order is required instead

DS-5525 is not the right form if a court has already addressed parental rights. In those situations, the State Department wants the order — certified and recent — rather than your sworn statement.

• Sole legal custody. If you have sole legal custody, submit a certified copy of the order along with the minor's application. Many applications also include DS-5525 to explain the context, but the order is the primary evidence.
• Termination of parental rights. A certified order terminating the other parent's rights replaces DS-3053 entirely.
• Guardianship. Certified guardianship papers, plus DS-3053 signed by the guardian, take the place of the absent parent's consent.
• International custody disputes. If there is any risk of international parental abduction, State will expect a court order under the Hague Convention on the Civil Aspects of International Child Abduction or the relevant state family-court framework before issuing a passport. This is also where the Children's Passport Issuance Alert Program (CPIAP) comes into play.
• Domestic violence with a protective order. A current protective order that restricts the other parent's contact is often accepted in lieu of DS-3053, sometimes together with DS-5525.

Always confirm current requirements at travel.state.gov — rules, acceptable evidence, and processing expectations change.

What the form asks you to swear to

DS-5525 is short, but every field matters. You will state, under oath:

• The minor's identifying information and your relationship to the child.
• The other parent's identifying information, to the extent you know it.
• Which of the recognized categories applies (cannot locate, incarceration, incapacity, other).
• A factual narrative describing the circumstance and the efforts you have made to resolve it.
• That the information is true and complete.

Write the narrative in plain language. Dates, addresses, and specific steps taken (with approximate dates) are more persuasive than adjectives. If you are filing under "other extraordinary circumstance," be especially concrete — vague narratives get kicked back.

Step-by-step: getting this notarized online

1. Download the current DS-5525 from travel.state.gov

Always pull the form directly from travel.state.gov. Old PDFs float around the web and revision numbers change. Use the current version.

2. Fill in every field except the signature

Complete the minor's information, the absent parent's known information, the circumstance category, and the narrative. Do not sign the form. The notary must witness your signature live on the video call; pre-signed forms are rejected.

3. Gather your supporting documentation

Keep your good-faith-efforts evidence, any court orders, and any police or medical records ready in a folder. You will not upload them during the notary session, but you will submit them with the passport application and you may be asked to reference them.

4. Book a Remote Online Notarization session

Schedule a session with a commissioned RON notary. Have an unexpired, government-issued photo ID ready. If your narrative references sensitive personal information, you can redact it from anything you show on camera — the notary needs to verify you, not your evidence.

5. Submit the notarized PDF with the passport packet

You will receive a sealed PDF and an audit certificate. Submit the sealed PDF with the minor's DS-11, proof of citizenship, the minor's photo, and your supporting evidence at the acceptance agent appointment. Do not print and rescan the notarized PDF — that strips the cryptographic seal that makes the notarization verifiable.

Common mistakes to avoid

• Using DS-5525 when the other parent is reachable but uncooperative. This is not a recognized category. Pursue consent through family court.
• Filing DS-5525 when the other parent is deceased. Submit a certified death certificate instead.
• Leaving the narrative vague. "I have not spoken to him in years" is not enough. State expects dates, addresses, and specific contact attempts.
• Forgetting to bring supporting evidence to the appointment. The notarized DS-5525 alone is rarely sufficient — acceptance agents typically want to see the paper trail.
• Pre-signing the form. A notary cannot retroactively witness a signature. You must sign during the live session.
• Using a form pulled from a third-party site. Old revisions get rejected. Download from travel.state.gov every time.
• Assuming DS-5525 overrides a custody order. If an order exists, lead with the order. DS-5525 supplements it at most.
• Applying by mail when the situation is contested. Contested minor-passport applications are almost always routed through an in-person acceptance agent, and sometimes escalated to a passport specialist. Plan for the added time.

Bottom line

DS-5525 is the form you reach for when the two-parent consent system is genuinely broken — a parent who cannot be found, an incarcerated parent, an incapacitated parent — and DS-3053 is simply not obtainable. It is narrower and more heavily scrutinized than DS-3053, and it works best when it is supported by a documented paper trail of the efforts you made. If a court has already spoken on custody, lead with the order; DS-5525 is not a substitute for family-court process. When the form is ready, U.S. Online Notaries can notarize it on a live audio-video session and deliver a sealed PDF the same day — book a session and we will get it witnessed, sealed, and back in your inbox.