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What is an Affidavit of Consent and Support?
An Affidavit of Consent and Support is used when a minor child is applying for a passport or traveling with a person other than his or her parent(s), legal guardian or person exercising parental authority/legal custody over him. One or both parents, or the legal guardian of the child are called the affiants and will sign the Affidavit of Consent and Support.
This document can be used for the following purposes:
In an Affidavit of Consent and Support, the traveler is a minor (below 18 years old) and is traveling with someone who is not their parent. This is a requirement for the minor traveler to be able to get a passport from the Department of Foreign Affairs (DFA) or to be able to get a clearance from the DFA for purposes of traveling to another country.
On the other hand, in an Affidavit of Support with Undertaking, the traveler is not a minor and is capable of taking care of themselves. He will be supported financially by the affiant during his travel. The main purpose of this is to make sure that the traveler is capable of traveling and will not get stuck in the place or country of destination by reason of lack of financial resources.
Is it mandatory to have an Affidavit of Consent and Support?
An Affidavit of Consent and Support is required when applying for a passport for a minor child.
It is also required for applying for a Travel Clearance which is a document that is issued by the Department of Social Welfare and Development ("DSWD") Field Offices or by the Intercountry Adoption Board (ICAB), to allow a minor to travel unaccompanied by any of the parent or persons exercising parental authority and legal custody over the child. A Travel Clearance is required for the following:
What must an Affidavit of Consent and Support contain?
An Affidavit of Consent and Support contains the following information:
If the parents or the legal guardian or person exercising parental authority/legal custody will not accompany the child in traveling and applying for a passport, the Affidavit of Consent and Support contains a Special Power of Attorney (this will be used by the child's representative and will serve as his authorization to apply for the child's passport and to travel with said child).
Who is involved in an Affidavit of Consent and Support?
It should be signed by both parents or the legal guardian (called the "affiants"). However, if the child is an illegitimate child, the Affidavit of Consent and Support should be signed by the mother as the person exercising sole parental authority and custody over the child.
What has to be done once the Affidavit of Consent and Support is ready?
Once the Affidavit of Consent and Support is completed, at least three original copies of the same should be printed if there is only one affiant (a parent or legal guardian), or at least four original copies if there are two affiants (i.e. both parents). The affiants and the person who will accompany the child (or the child if he will be traveling alone) should have one original copy for each, and each original copy must be notarized before a notary public with a valid I.D. to swear an oath to the truth of the contents of the original copies and then sign the same.
Once notarized, the last original copy will be given to the notary public or the officer concerned. The Affidavit of Consent and Support may then be used to apply for a passport or a travel clearance.
Is it necessary to notarize an Affidavit of Consent and Support for it to be valid?
Yes. This is because an Affidavit of Consent and Support is a sworn statement that should be executed or signed in the presence of a notary public.
What are the costs involved in the finalization of the Affidavit of Consent and Support?
Notarization fees for an Affidavit of Consent and Support with Undertaking are typically PHP100 to PHP500.
Which laws are applicable to the Affidavit of Consent and Support?
Some laws that are relevant to the Affidavit of Consent and Support are the 2004 Rules on Notarial Practice and the Philippine Passport Act of 1996 as amended by R.A. No. 10928.
Affidavits are governed by the 2004 Rules on Notarial Practice. On the other hand, the Philippine Passport Act of 1996 lays down the policy and requirements for the issuance of passports while Administrative Order No. 19 Series of 2004 from the Department of Social Welfare and Development lays down the guidelines for minors traveling abroad.
The Department of Foreign Affairs of the DSWD may require the submission of other documents depending on the reason for the travel of the minor child.
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Affidavit of Consent and Support - sample template
Country: Philippines