8 FAM 502.6
Acting in Loco Parentis
(Office of Origin: CA/PPT/S/A)
8 FAM 502.6-1 Persons Acting in Loco Parentis
A person given "in loco parentis" authority by the parent(s) or legal guardian(s) is acting temporarily on behalf of the parent(s) or legal guardian(s) and their decision-making authority for the minor is limited.
8 FAM 502.6-2 Evidence of Acting in loco parentis
a. In order for a person acting in loco parentis to execute a passport application for a minor successfully, they must:
(1) Execute the minor’s application;
(2) Submit acceptable evidence listing the minor’s parents by name;
(3) Submit a form DS-3053 or equivalent notarized written statement/affidavit from both parents (or parent with sole legal custody) or each legal guardian specifically authorizing the person acting in loco parentis by name to apply for and obtain the minor's U.S. passport. The parent(s) or legal guardian(s) must provide a photocopy of the front and back side of their acceptable photo identification with the affidavit:
(a) The in loco parentis statement must be notarized and dated on the same day and within 90 days of the execution of the minor's application; and
(b) If only one parent/legal guardian has signed and notarized the statement, the person acting in loco parents also must provide documentary evidence that the parent/guardian designating the person to act in loco parentis has sole authority to apply for the passport of the minor applicant.
(4) Provide a photocopy of the front and back side of their acceptable photo identification with the affidavit.
b. You must attach copies of pertinent documents and insert applicable adjudication notes on the passport application.