http://travel.state.gov/passport/get/minors/minors_834.html
Maybe this will help..it says BOTH parents must sign for a minor under 16.
STEP 7: Provide Parental Consent
Both parents must provide consent authorizing passport issuance for a minor under age 16. See the scenarios below, and follow the instruction that best applies to your circumstance:
Both Parents MUST:
Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent
One Parent MUST:
Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent
Submit the second parents' notarized Statement of Consent (Form DS-3053)
One Parent
(with sole legal custody)
MUST:
Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent
Submit primary evidence of sole authority to apply for the child with one of the following:
Minor's certified U.S. or foreign birth certificate listing only the applying parent
Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only the applying parent
Court order granting sole custody to the applying parent (unless child's travel is restricted by that order)
Adoption decree (if applying parents is sole adopting parent)
Court order specifically permitting applying parent's or guardian's travel with the child
Judicial declaration of incompetence of non-applying parent
Death certificate of non-applying parent
NOTE: If none of the above documentation is available, the applying parent must submit Form DS-3053 stating why the non-applying parent/guardian's consent cannot be obtained
A Third Party
(in Loco Parentis applying on behalf of a minor under the age of 16)
MUST:
Submit a notarized written statement or affidavit from both parents or guardians authorizing a third-party to apply for a passport
When the statement of affidavit is from only one parent/guardian, the third-party must present evidence of sole custody of the authorizing parent/guardian.
IMPORTANT NOTE: The written consent from the non-applying parent that accompanies an application for a new passport must be less than 3 months old. New written consent from the non-applying parent must be obtained and submitted with any future passport application for the minor under age 16.
STEP 8: Pay the Applicable Fee
Please see Current Passport Fees and methods of payment.
STEP 9 : Submit One Passport Photo
We can help you submit a clear and correctly exposed passport photo the first time - especially when applying for the U.S. Passport Card. To avoid processing delays, review all the photo requirements and tips on how to take photos of your baby or toddler.
[This message edited by confused615 at 12:53 PM, September 23rd (Monday)]