Morocco Lifts Paternal Consent Requirement for Children’s Passports

The Moroccan consulates in New York and Madrid are simplifying the lives of Moroccans residing abroad (MREs). By implementing a note from the Ministry of the Interior, they now offer mothers the possibility of obtaining passports for their minor children without prior authorization from the fathers. In a statement published on Thursday, they explained the rationale behind this measure. The New York consulate justified this measure by a desire to "simplify procedures". As for the Madrid consulate, it referred to a circular from the Ministry of the Interior informing "prefectures and provinces" that it is now possible for the mother to "obtain, withdraw and renew" the passports of her minor children, without "express and prior authorization from the father". According to the two diplomatic representations, the new rule applies except in case of a judgment that provides otherwise.

In Morocco, Article 230 of the Family Code grants the right of custody to the woman in case of divorce, and systematic guardianship to the father. The latter remains the sole legal representative of the children. An injustice often criticized by civil society. The new measure - not yet officially announced - should extend to all administrative districts and annexes nationwide. Meanwhile, the prior consent of the legal representative is still required. "The father remains the legal representative of his minor children even after divorce. The custody of minor children does not confer on the mother the status of legal representative of her children. As a result, the father’s consent is necessary to issue a passport for a minor child. In case of the father’s refusal, the mother must obtain a decision from the competent judge in order to be able to request the issuance of passports for her children," can be read on the passport.ma website of the Ministry of the Interior.