In order for a child to receive a Mexican passport to travel abroad, the consent of both parents is required. When a child leaves Mexico with one of the parents, the consent of the second is not necessary for departure, since he has already given it earlier, when the child received a passport. But what to do if one of the parents is not able to be present in person when the child receives a passport? For example, this happens when a wife comes to Mexico to give birth herself, without her husband. The father is allowed to be included in the child’s birth certificate without his presence, according to the marriage certificate. But it is impossible to prepare a Mexican passport for a child without the written consent of the father.
A parent can give his consent to the child receiving a passport in two ways: personally come to the child to purchase a passport and sign the papers; draw up a notarized consent and submit it with the second parent. Consent cannot be provided by proxy.
In Mexico there is a special form called Formato OP-7. It will be needed in cases where one of the parents (or legal guardians) does not have the right to be present in person when submitting an application for a child’s passport. This happens when parents are divorced or live in different cities or countries. This document is used to officially confirm the consent of the absent parent to issue a passport to their minor child and replaces the notarized consent.
Formato OP-7 can be completed in Mexico, at any of the local offices of the Mexican Ministry of Foreign Affairs (SRE passport offices), or at a foreign Mexican consulate. In this case, fill out the form with code OP-7/II — the parent gives consent remotely (there is also form OP-7/I, which each parent fills out in personal presence when the child receives a passport).
To visit the passport office (by phone or WhatsApp) or the consulate (via the MiConsulado system), the parent should make an appointment, indicating the procedure for obtaining a passport in any detail (issuance for the first time or renewal). Then, when visiting the passport office or consulate in person, the parent should be offered the following documents:
- your ID, Mexican or foreign, or passport, with photo, plus a simple photocopy of it. If the ID is double-sided, you should have both sides on one photocopy sheet.
- Mexican birth certificate of the child to confirm paternity. May be in the original, but usually a copy is sufficient, which contains the attributes for verification of the certificate in the Mexican Civil Registry.
- the name of the SRE representative office (passport office) in Mexican territory or the consulate where the child will apply for a passport.
It is important that the parent’s data on the child’s birth certificate and the identity card (name, surname, citizenship, etc.) completely match. Otherwise, you must provide a document explaining the change of name.
The parent can fill out Form OP-7/II in advance by downloading it hereaddress. The form can be filled out directly on the computer and then printed, or printed first and then filled out by hand. It is important to indicate for what period of validity the parent consents to the issuance of a passport. The form must be signed in the presence of a passport office or consulate employee.
The completed form is no longer handed out. Once the form is completed, the passport office or consulate will independently send the OP-7 electronically to the passport office or consulate where the child will be purchasing the passport to notify that the other parent or guardian has given consent. OP-7/II is valid for 90 calendar days — During this time, the second parent and child are required to contact the specified passport office or diplomatic mission to purchase a passport.
Preparation of OP-7 form without payment.
There is another option for acquiring the consent of the absent parent to issue a Mexican passport to the child. In Mexico, such consent has the right to be drawn up and issued by a notary. Then it is valid for 30 calendar days. This procedure is described in Article 28 of the Passport Regulations (Reglamento de Pasaportes y del Documento de Identidad y Viaje), and notaries know what information the document they issue must contain.
The issue of obtaining the consent of the absent parent to issue a passport to the child from a notary abroad, and not in Mexico, remains open. Most often, the idea of drawing up a consent arises if there is no Mexican consulate in some country, it does not work, or the parent does not have the opportunity to get to the Mexican diplomatic mission. Passport offices in Mexico will not accept parental consent issued outside of Mexico, even if it is duly completed, apostilled, and translated into Spanish by an official translator in Mexico.
When receiving a passport, the consent of the second parent is not required if:
- the child has no father — Only the mother is indicated on the birth certificate,
- one of the parents died — his death certificate should be offered based on the issuing state — with apostille and translation into Spanish,
- one of the parents has been deprived of parental rights — a copy of the relevant judgment and execution order should be given, which clearly states that the other parent now has full parental authority. In Mexico, this may also be done in the form of a note in the margin of the birth certificate, which will specifically indicate who exclusively exercises parental rights,
- the sole guardian or adoptive parent submits papers on guardianship or adoption.