Affidavit of Consent and Support

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:

• When a minor child is applying for a passport and is accompanied by the parents.
• When a minor child is traveling with a person other than the parents. If the child is an illegitimate child, it is also needed when he is traveling with his biological father.
• When a minor child is traveling alone.
• When a minor child is applying for a passport and is traveling with a person other than the parents.

What is the difference between an Affidavit of Support with Undertaking and an Affidavit of Consent and Support?

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.

When is an Affidavit of Consent and Support required?

In most cases, an Affidavit of Consent and Support is required when applying for a passport for a minor child.

However, 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:

• A minor traveling alone who is above 13 years old but below 18 years old (minors who are under 13 years old are not allowed to travel alone).
• A minor traveling with adoptive parents for the purpose of intercountry adoption (adoption from one country to another country).
• A minor traveling with a person other than their parent(s), legal guardian, or person exercising parental authority/legal custody over them.
• A minor who is illegitimate and is traveling with their biological father.

Who signs this Affidavit?

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 is ready?

Once the affidavit has been completed, the affiant must print at least 2 copies of the document, and then proceed with its notarization.

The affiant must personally appear before a notary public and present at least one current identification document (I.D.) issued by an official agency bearing the photograph and signature of the Affiant. The affiant must swear under oath the whole truth of the contents of the affidavit and then sign all copies of the affidavit. The affiant will be asked to leave one original copy for the files of the notary public.

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 the Affidavit for it to be valid?

Yes. This is because an Affidavit of Consent and Support is a sworn statement to the effect that a passport, visa, or travel application is being made for a child, and should be executed or signed in the presence of a notary public. If not notarized, this affidavit cannot be submitted to travel authorities.

What are the costs involved in the finalization of the Affidavit?

Notarization fees for an Affidavit of Consent and Support with Undertaking are typically PHP100 to PHP500.

What must the Affidavit contain?

The affidavit should contain the following information:

• The identity of the affiants and the child,
• The purpose of the Affidavit of Consent and Support whether to obtain a passport or a travel clearance,
• The relationship between the affiant and child,
• The person who will accompany the child aside from the parents if applicable,
• The details of the child,
• The reason for the travel,
• The place where the traveler will stay or travel to, and
• The expenses that will be shouldered by the affiant.

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).

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.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.