(1) Passports shall be issued upon application. Section 3a of the Administrative Procedure Act shall not apply. During the application process, information to be provided following the initial application may be submitted electronically. An authorized representative may not file a passport application on behalf of the passport applicant and his/her legal representative. This shall not apply to a passport applicant who is unable to act or provide consent, upon presentation of a power of attorney that has been publicly certified or notarized for this purpose. In the case of minors and persons who are legally incapable and who do not have an authorized representative in accordance with the fifth sentence, the only person who may file a passport application is the custodial adult responsible for supervising their residency. The passport applicant and his/her legal or authorized representative are to appear in person. If the passport applicant is unable to appear in person, he/she may only apply for a temporary passport.
(2) In their applications, applicants shall provide all information needed to confirm the applicant’s identity and status as a German citizen or, in the cases referred to in Section 1 (4) second sentence, as a citizen of another country. Passport applicants shall provide the necessary proof. If fingerprints are to be included in the passport, these shall be taken from the passport applicant and enrolled electronically in accordance with Section 4 (4); passport applicants shall cooperate when their fingerprints are taken.
(2a) If in accordance with Section 4 (1) fourth sentence, a passport applicant indicates a different sex than the one entered in the civil register at birth, the applicant shall present the court decision on the change of forename under Section 1 of the Act on Transsexuals. Indicating a different sex on the passport than the one entered in the civil register at birth shall have no effect in law.
(2b) In the cases referred to in Section 1 (4) second sentence, the responsible passport authority may request information from the Central Register of Foreigners before issuing an official passport in order to check for possible grounds for refusing to issue a passport under Section 7 (1) nos. 1 through 5, or to check other security concerns. In the cases of Section 1 (4) second sentence, under Section 4 (1) the responsible passport authority may forward the data collected to the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Counterintelligence Service, the Federal Criminal Police Office and the Central Office of the German Customs Investigation Service if necessary to check on grounds for refusing to issue a passport under Section 7 (1) nos. 1 through 5 or to check other security concerns; further, the passport authority may provide the data obtained pursuant to (2) third sentence to the Federal Criminal Police Office, which will provide administrative assistance in assessing the data. The second sentence shall not apply to citizens of other European Union Member States. The authorities contacted under the second sentence shall inform the requesting passport authority without delay if there are grounds for refusing to issue a passport under Section 7 (1) nos. 1 through 5 or if there are other security concerns.
(3) In case of doubt regarding the passport applicant’s identity, the necessary measures to establish his/her identity shall be taken. The passport authority may arrange to have passport applicants photographed and fingerprinted by the police if it would otherwise be impossible or extremely difficult to determine the applicant’s identity. Once the applicant’s identity has been confirmed, any documents collected for the purpose of determining such identity shall be destroyed. A record of the destruction shall be drawn up.
(4) The passport authority may issue a passport ex officio if doing so is in the greater public interest or is advisable to prevent significant disadvantages for the person concerned.
(5) Paragraphs (1) through (4) also apply to official identification documents issued exclusively as passport substitutes, unless otherwise indicated in provisions of applicable law.