diplomatic passport which has not expired must be returned to the Department upon the termination of the bearer's diplomatic status or at such other time as the Secretary shall determine. Any outstanding diplomatic passport issued before January 1, 1977 will expire effective December 31, 1977. (e) Period of a regular passport issued for no fee. A regular passport for which payment of the fee has been excused is valid for a period of 5 years from the date of issue unless limited by the Secretary to a shorter period. (f) Limitation and extension of validity. The validity period of any passport may be limited by the Secretary to less than the normal validity period. Applications for extension of passports limited to less than the normal full validity period must be made in writing and must be submitted, with the passport, to a passport issuing Office. In no event may a passport be extended beyond the normal period of validity prescribed for such passport by paragraphs (b) through (e) of this section. (g) Cancellation of passport endorsed as valid only for travel to Israel. The validity of any passport which has been issued and endorsed as valid only for travel to Israel is cancelled effective April 25, 1992. Where it is determined that its continued use is warranted, the validity of such passport may be renewed or extended for additional periods of two years upon cancellation of the Israel-only endorsement. In no event may the validity of such passport be extended beyond the normal period of validity prescribed for such passport by paragraphs (b) through (e) of this section. (Sec. 1, 44 Stat. 887; sec. 1, 41 Stat. 750; sec. 2, 44 Stat. 887; sec. 4, 63 Stat. 111, as amended (22 U.S.C. 211a, 214, 217a, 2658); E.O. 11295, 36 FR 10603; 3 CFR 1966-70 Comp. p. 507) [31 FR 13540, Oct. 20, 1966, as amended at 33 FR 12042, Aug. 24, 1968; 42 FR 17869, Apr. 4, 1977; 47 FR 56329. Dec. 16, 1982; 57 FR 3282, Jan. 29, 1992; 63 FR 7285, Feb. 13, 1998] $51.5 [Reserved] $51.6 Mutilation and alteration of passports. Any passport which has been materially changed in physical appearance or composition, or which includes unau (a) Upon applying for a new passport, an applicant shall submit for cancellation any previous passport still valid or potentially valid. (b) If an applicant is unable to produce such a passport for cancellation, he or she shall submit a signed statement setting forth the circumstances surrounding the disposition of the passport and if it is claimed to have been lost, the efforts made to recover it. A determination will then be made whether to issue a new passport and whether such passport shall be limited as to place and periods of validity. (22 U.S.C. 2658 and 3926) [31 FR 13540, Oct. 20, 1966. as amended at 31 FR 14521, Nov. 11, 1966; 49 FR 16989, Apr. 23, 1984] $51.9 Passport property of the U.S. Government. A passport shall at all times remain the property of the United States and shall be returned to the Government upon demand. Subpart B-Application $51.20 General. An application for a passport or for an amendment of a passport shall be completed upon such forms as may be prescribed by the Department. The passport applicant shall truthfully answer all questions, and shall state each and every material matter of fact, pertaining to his or her eligibility for a passport. All information and evidence submitted in connection with an application shall be considered a part thereof. (22 U.S.C. 2658 and 3926) [33 FR 12043, Aug. 24. 1968, as amended at 49 FR 16989, Apr. 23, 1984] § 51.21 Execution of passport application. (a) First time applicants or persons who have not been issued a passport within the past fifteen years. A person who has never been issued a passport in his or her own name, or who has not been issued a passport in his or her own name within 15 years of the date of a new application, shall appear in person before a person authorized by the Secretary to give oaths, verify the application by oath or affirmation before that authorized person, provide two recent photographs, and pay the established fees. (b) Persons authorized by the Secretary to give oaths. The following persons are authorized by the Secretary to give oaths for passport purposes unless withdrawn by the Secretary in an individual case: (1) A passport agent; (2) A clerk of any Federal court; (3) A clerk of any State court of record or a judge or clerk of any probate court; (4) A postal employee designated by the postmaster at a post office which E has been selected to accept passport applications; (5) A U.S. citizen employee of the Department of Defense designated by the Secretary of Defense to accept passport applications at a military installation within the continental United States selected to accept passport applications; (6) A diplomatic officer, a consular officer, an overseas nationality examiner, a consular agent or a notarial officer abroad; or (7) Any other persons specifically designated by the Secretary. (c) Persons in the United States who have previously been issued a full validity passport. A person in the United States who has been issued a passport in his or her own name may obtain a new passport by filling out and mailing a specially prescribed application together with his or her previous passport, two recent photographs, and the established fee to the nearest U.S. passport agency, provided: (1) The most recently issued previous passport was issued when the applicant was 16 years of age or older. (2) The application is made not more than 15 years following the issue date of the previous passport; (3) The most recently issued previous passport is submitted with the new application. (d) Persons outside of the United States who have previously been issued a full validity passport. In a foreign country in which a U.S. consular district has been designated by the Secretary to receive such passport applications, a person who has been issued a passport in his or her own name may obtain a new passport by filling out a specially prescribed application and sending it (by mail or as prescribed by the Secretary), together with his or her previous passport, two recent photographs, and the established fee to the consular office in the consular district in which he or she is present, provided: (1) The most recently issued passport was issued when the applicant was 16 years of age or older. (2) The application is made not more than 15 years following the issue date of the previous passport; (3) The most recently issued previous passport is submitted with the new application. (4) In a Consular district specifically authorized by the Secretary to waive personal appearance of minors in accordance with this subsection, a U.S. consular officer may waive the age requirement established for use of the mail application, where the consular officer determines that: (i) The minor and, if applicable, the U.S. citizen parent(s) or legal guardian are registered in that consular district; (ii) The minor is not subject to the provisions of subsection 51.27 (c) or (d); (iii) The waiver of the age requirement is otherwise in the interest of consular efficiency; and, (iv) The waiver will not otherwise compromise the integrity of the passport application process. [44 FR 19393. Apr. 3, 1979, as amended at SD165, 46 FR 2343, Jan. 9, 1981: 46 FR 16257, Mar. 12, 1981; 51 FR 20475, June 5, 1986; 55 FR 21538, May 25, 1990; 57 FR 59807, Dec. 16. 1992; 61 FR 43312, Aug. 22, 1996; 65 FR 39288, June 26, 2000] $51.22 [Reserved] $51.23 Name of applicant to be used in passport. The passport application shall contain the full name of the applicant. The applicant shall explain any material discrepancies between the name to be placed in the passport and the name recited in the evidence of citizenship and identity submitted. The passport issuing office may require documentary evidence or affidavits of persons having knowledge of the facts to support the explanation of the discrepancies. [SD-165, 46 FR 2343, Jan. 9, 1981] $51.24 Change of name. An applicant whose name has been changed by court order or decree shall submit with his or her application a certified copy of the order or decree. An applicant who has changed his or her name by the adoption of a new name without formal court proceedings shall submit with his or her application evidence that he or she has publicly and exclusively used the adopted name over a long period of time. (22 U.S.C. 2658 and 3926) [31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984] $51.25 Photographs. (a) Photographs of bearer. The applicant shall submit with his or her application duplicate photographs of the size specified in the application. The photographs should be sufficiently recent to be a good likeness of and satisfactorily identify the applicant. The photographs shall be signed in the same manner and form as required in the application. (b) Photographs of uniformed personnel. Only applicants who are in the active service of the Armed Forces and proceeding abroad in the discharge of their duties may submit photographs in the uniform of the Armed Forces of the United States. (c) Unacceptable photographs. A photograph with a waxed back or other coating which lessens adhesiveness is not acceptable. Newspaper or magazine pictures, snapshots, or full length photographs are not acceptable. Photo graphs of persons in the uniform of a civilian organization, except religious dress, will not generally be accepted. (22 U.S.C. 2658 and 3926) [31 FR 13540, Oct. 20, 1966, as amended at 43 FR 1791, Jan. 12, 1978; 44 FR 19394, Apr. 3. 1979; SD-165, 46 FR 2343, Jan. 9, 1981; 49 FR 16989, Apr. 23, 1984] § 51.26 Incompetents. A parent, a legal guardian, or a person in loco parentis shall execute a passport application on behalf of a person declared incompetent. $51.27 Minors. (a) Definitions. A minor is an unmarried person under the age of 18 years. (b) Execution of application for minors. (1) A minor of age 13 years or above shall execute an application on his or her own behalf unless in the judgment of the person before whom the application is executed it is not desirable for the minor to execute his or her own application. In such case it must be executed by a parent or guardian of the minor, or by a person in loco parentis. (2) A parent, a guardian, or person in loco parentis shall execute the application for minors under the age of 13 years. Applications may be executed by either parent, regardless of the parent's citizenship. Permission of or notification to the other parent will not be required unless such permission or notification is required by a court order registered with the Department of State by an objecting parent as provided in paragraph (d)(1) of this section. (3) The passport issuing office may require a minor under the age of 18 years to obtain and submit the written consent of a parent, a legal guardian or a person in loco parentis to the issuance of the passport. (c) Objection by parent, guardian or person in loco parentis in cases not involving a custody dispute. At any time prior to the issuance of a passport to a minor, the application may be disapproved and a passport will be denied upon receipt of a written objection from a person having legal custody of the minor. (d) Objection by parent, guardian or person in loco parentis in cases where minors are the subject of a custody dispute. (1)(i) When there is a dispute concerning the custody of a minor, a passport may be denied if the Department has on file a court order granted by a court of competent jurisdiction in the United States or abroad which: (A) Grants sole custody to the objecting parent; or, (B) Establishes joint legal cutody; or, (C) Prohibits the child's travel without the permission of both parents or the court; or, (D) Requires the permission of both parents or the court for important decisions, unless permission is granted in writing as provided therein. (ii) For passport issuance purposes, a court order providing for joint legal custody will be interpreted as requiring the permission of both parents. The Department will consider a court of competent jurisdiction to be a U.S. state court or a foreign court located in the child's home state or place of habitual residence. Notwithstanding the existence of any such court order, a passport may be issued when compelling humanitarian or emergency reasons relating to the welfare of the child exist. (2) Either parent may obtain information regarding the application for and issuance of a passport to a minor unless the inquiring parent's parental rights have been terminated by a court order which has been registered with the appropriate office at the Department of State; provided, however, that the Department may deny such information to any parent if it determines that the minor is of sufficient maturity to assert a privacy interest in his/her own right, in which case the minor's written consent to disclosure shall be required. (3) The Department may require that conflicts regarding custody orders, whether domestic or foreign, be settled by the appropriate court before a passport may be issued. (22 U.S.C. 2658 and 3926) [31 FR 13540, Oct. 20, 1966, as amended at 61 FR 6505, Feb. 21, 1996] § 51.28 Identity of applicant. (a) If the applicant is not personally known to the official receiving the application he or she shall establish his or her identity by the submission of a previous passport, other identifying documents or by an identifying wit ness. (b) If an applicant submits an application under the provisions of paragraph (c) of §51.21 he or she must submit a prior passport with his or her application. (c) Any official receiving an application for a passport or any Passport Issuing Office may require such additional evidence of identity as may be deemed necessary. (22 U.S.C. 2658 and 3926) [33 FR 12043, Aug. 24. 1968, as amended at SD165, 46 FR 2343, Jan. 9, 1981; 49 FR 16989, Apr. 23, 1984] $51.30 Persons unacceptable as wit nesses. The passport issuing office will not accept as witness to a passport application a person who has received or expects to receive a fee for his services in connection with executing the application or obtaining the passport. § 51.31 Affidavit of identifying witness. (a) An identifying witness shall execute an affidavit stating: That he or she resides at a specific address; that he or she knows or has reason to believe that the applicant is a citizen of the United States; the basis of his or her knowledge concerning the applicant; and that the information set out in his or her affidavit is true to the best of his or her knowledge and belief. (b) If the witness has a U.S. passport, he or she shall state the place of issue and, if possible, the number and approximate date of issue. (c) The identifying witness shall subscribe to his or her statement before the same person who took the passport application. (22 U.S.C. 2658 and 3926) [31 FR 13540. Oct. 20, 1966, as amended at 31 FR 14522, Nov. 11, 1966; 49 FR 16989, Apr. 23, 1984] § 51.32 Amendment of passports. Applicants for amendment of a passport shall be made on forms prescribed by the Department. [SD-165, 46 FR 2343, Jan. 9, 1981] § 51.33 Release of passport information. Information in passport files is subject to the provisions of the Freedom of Information Act (FOIA) and the Privacy Act. Release of this information may be requested in accordance with the implementing regulations set forth in Subchapter R, Part 171 or Part 172 of this title. (22 U.S.C. 2658 and 3926; 5 U.S.C. 552, 552a) Subpart C-Evidence of U.S. $51.40 Burden of proof. The applicant has the burden of proving that he or she and any persons to be included in the passport are nationals of the United States. (22 U.S.C. 2658 and 3926) [31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984] § 51.41 Documentary evidence. Every application shall be accompanied by evidence of the U.S. nationality of the applicant and of any other person to be extended passport services. $51.43 Persons born in the United States applying for a passport for the first time. (a) Primary evidence of birth in the United States. A person born in the United States in a place where official records of birth were kept at the time of his or her birth shall submit with the application for a passport a birth certificate under the seal of the official custodian of birth records. To be acceptable, a certificate must show the full name of the applicant place and date of birth, and that the record thereof was recorded at the time of birth or shortly thereafter. (b) Secondary evidence of birth in the United States. If the applicant cannot submit primary evidence of birth, he or she shall submit the best obtainable secondary evidence. If a person was born at a place in the United States when birth records were filed, he or she must submit a "no record" certification from the official custodian of such birth records before secondary evidence may be considered. The passport issuing office will consider, as secondary evidence, baptismal certificates, certificates of circumcision, or other documentary evidence created shortly after birth but not more than 5 years after birth, and/or affidavits of persons having personal knowledge of the facts of the birth. (22 U.S.C. 2658 and 3926) [38 FR 4667, Feb. 20, 1973, as amended at 49 FR 16989, Apr. 23, 1984] $51.44 Persons born abroad applying for a passport for the first time. (a) Naturalization in on right. A person naturalized in his or her own right as a U.S. citizen shall submit with his or her application his or her certificate of naturalization. (b) Derivative citizenship at birth. (1) An applicant who claims to have derived citizenship by virtue of his or her birth abroad to a U.S. citizen parent or parents may submit his or her won certificate of citizenship (Section 1993, Revised Statutes, as amended by Act of May 24, 1934; section 201 of the Nationality Act of 1940; section 301 of the Immigration and Nationality Act of 1952). (2) In lieu of a certificate of citizenship, the applicant may submit evidence of his or her parent(s)' citizenship at the time of his or her birth, and evidence of his or her and his or her parent(s)' residence and physical presence in the United States. The passport issuing office may require the applicant to establish the marriage of his or her parents and/or grandparents and his or her relationship to them. (c) Derivative citizenship subsequent to birth. (1) An applicant who claims U.S. citizenship by virtue of the naturalization of his or her parent or parents subsequent to his or her birth may submit his or her own certificate of citizenship. (2) In lieu of a certificate of citizenship the applicant may submit the naturalization certificate of the parent or parents through whom he or she claims U.S. citizenship. In this case, he or she must also show that he or she resided in the United States during minority as required by the law under which he or she claims citizenship. |