Affidavit of Sole Parental Authority for an Illegitimate Child: Requirements and Template (Philippines)

Introduction

In the Philippine legal system, the concept of parental authority is central to family law, particularly concerning the care, custody, and decision-making for minor children. For illegitimate children—those born outside of a valid marriage—the law grants primary parental authority to the mother. An Affidavit of Sole Parental Authority serves as a sworn declaration by the mother affirming her exclusive rights and responsibilities over the child, especially in situations where the father's involvement is absent or unrecognized. This document is commonly required for administrative purposes, such as obtaining passports, enrolling in school, or traveling abroad with the child, to demonstrate that no other party holds competing parental rights.

This affidavit underscores the mother's role as the sole decision-maker, aligning with the protective intent of Philippine family laws to ensure the child's best interests. It is not a court-issued order but a self-executing notarized statement that can be used in lieu of joint parental consent when the father is not legally acknowledged or involved.

Legal Basis

The foundation for sole parental authority over illegitimate children is rooted in the Family Code of the Philippines (Executive Order No. 209, as amended). Key provisions include:

Article 176: Illegitimate children shall use the surname of the mother and shall be under her parental authority. This article establishes the mother's primacy in exercising parental rights, including custody, education, and representation of the child. Amendments under Republic Act No. 9255 allow illegitimate children to use the father's surname if acknowledged, but parental authority remains with the mother unless otherwise determined by a court.
Article 211: Parental authority and responsibility include the duty to provide for the child's physical, moral, spiritual, intellectual, and social well-being. For illegitimate children, this authority is vested solely in the mother unless the father has formally acknowledged the child and obtained joint authority through legal means, such as a court petition.
Article 220: This outlines the rights and duties of parents, which the mother exercises alone in cases of illegitimacy without paternal recognition.

Additional relevant laws include Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act), which emphasizes the child's welfare, and administrative guidelines from agencies like the Department of Foreign Affairs (DFA) for passport applications and the Department of Social Welfare and Development (DSWD) for travel clearances. The affidavit aligns with these by providing evidence of the mother's unchallenged authority, preventing potential disputes or requirements for paternal consent.

In cases where the father has acknowledged the child (e.g., via a signed birth certificate or Affidavit of Acknowledgment), sole authority may not apply, and joint consent or a court order might be necessary. However, if no such acknowledgment exists, the mother's affidavit suffices for most purposes.

When Is an Affidavit of Sole Parental Authority Needed?

This affidavit is typically required in scenarios where third parties, such as government agencies or institutions, need assurance that the mother can act unilaterally on behalf of the child. Common situations include:

Passport Applications: The DFA requires proof of sole authority for minors traveling abroad, especially if only one parent is applying. Without this, applications may be delayed or denied.
International Travel: When a minor child travels with only the mother or a guardian, airlines, immigration authorities, or the DSWD (for travel clearances) may demand the affidavit to comply with anti-trafficking laws under Republic Act No. 9208 (Anti-Trafficking in Persons Act).
School Enrollment and Educational Decisions: Some schools or DepEd (Department of Education) require it for registration, especially if the child's birth certificate indicates illegitimacy and no father is listed.
Medical Consents: For procedures requiring parental approval, hospitals may request it if the father's whereabouts are unknown.
Legal Representations: In notary services, banking, or property matters involving the child, the affidavit establishes the mother's sole right to sign documents.
Visa Applications or Immigration Processes: Foreign embassies often require it for family-based visas or when the child is accompanying the mother abroad.

It is not needed for routine daily decisions but becomes essential for formal transactions to avoid legal complications. If the child is over 18 or emancipated, parental authority ceases, rendering the affidavit unnecessary.

Requirements for Executing the Affidavit

To prepare and execute an Affidavit of Sole Parental Authority, the following requirements must be met:

Eligibility: The affiant must be the biological mother of the illegitimate child. She should be of legal age (18 or older) and mentally competent. If the mother is a minor, a guardian ad litem or court approval may be required.
Supporting Documents:
- Birth certificate of the child (from the Philippine Statistics Authority or PSA, formerly NSO), indicating the child as illegitimate (e.g., no father's name or "illegitimate" status noted).
- Valid government-issued ID of the mother (e.g., passport, driver's license, SSS ID, or Voter's ID).
- If applicable, proof of the father's non-involvement, such as an Affidavit of Non-Acknowledgment or death certificate if deceased.
- For specific purposes (e.g., passport), additional documents like the child's photo or application forms may be needed alongside the affidavit.
Content Essentials: The affidavit must include:
- Personal details of the mother (full name, age, address, civil status).
- Details of the child (full name, date and place of birth, illegitimacy status).
- Declaration of sole parental authority, citing relevant Family Code articles.
- Statement that the father has not acknowledged the child or is uninvolved.
- Purpose of the affidavit (e.g., for travel or enrollment).
- Sworn oath before a notary public.
Notarization: The document must be signed in the presence of a notary public licensed in the Philippines. Notarial fees typically range from PHP 100 to 500, depending on location. The notary will affix their seal and signature, making it a public document.
Language: It should be in English or Filipino, with clear, unambiguous language to avoid misinterpretation.
Copies: Prepare multiple original copies, as agencies may retain one.

No filing with a court is required unless contested; it is a private document unless used in judicial proceedings.

Procedure for Preparation and Execution

Draft the Affidavit: Use a template (see below) or consult a lawyer for customization. Ensure all facts are accurate to avoid perjury charges under Article 183 of the Revised Penal Code.
Gather Documents: Collect the required supporting papers.
Visit a Notary: Go to a notary public, present IDs, and sign the affidavit. The notary will administer the oath.
Submit as Needed: Attach the notarized affidavit to the relevant application (e.g., DFA for passports).
Validity: The affidavit does not expire but may need updating if circumstances change (e.g., father acknowledges the child later).

If disputes arise, such as a father contesting authority, the matter may escalate to a family court under Republic Act No. 8369 (Family Courts Act), where a petition for custody or parental authority can be filed.

Potential Issues and Considerations

Perjury Risks: False statements can lead to criminal liability.
International Recognition: While valid in the Philippines, foreign countries may require apostille under the Apostille Convention (via DFA authentication) for use abroad.
Amendments: If the father later acknowledges the child (via Republic Act No. 9255), a new affidavit or court order may be needed to reflect joint authority.
Alternatives: In complex cases, a court-issued Special Power of Attorney or Guardianship Order might be preferable.
Costs: Beyond notarial fees, legal consultation may cost PHP 1,000–5,000.
Child's Best Interest: Always prioritize the child's welfare; consult a family lawyer if unsure.

Sample Template for Affidavit of Sole Parental Authority

Below is a basic template. This is for illustrative purposes; customize it and have it reviewed by a legal professional.

REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF [City/Municipality]) S.S.

AFFIDAVIT OF SOLE PARENTAL AUTHORITY

I, [Full Name of Mother], of legal age, single/married/widowed, Filipino citizen, and a resident of [Complete Address], after having been duly sworn in accordance with law, do hereby depose and state that:

I am the biological mother of [Full Name of Child], who was born on [Date of Birth] at [Place of Birth], as evidenced by the attached Birth Certificate.
The said child is illegitimate, as I was not married to the biological father at the time of conception and birth, and the father has not acknowledged the child in any legal manner.
Pursuant to Article 176 of the Family Code of the Philippines, I exercise sole parental authority over the child, including but not limited to decisions on education, medical care, travel, and representation.
There is no existing court order or agreement granting joint parental authority to any other person.
This affidavit is executed for the purpose of [Specify Purpose, e.g., applying for the child's passport and international travel].
I am executing this affidavit to attest to the truth of the foregoing facts and for whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this [Date] day of [Month], [Year] at [City/Municipality], Philippines.

[Signature of Mother]
[Full Name of Mother]
Affiant

SUBSCRIBED AND SWORN to before me this [Date] day of [Month], [Year] at [City/Municipality], Philippines, affiant exhibiting to me her [Type of ID], issued on [Date] at [Place], bearing her photograph and signature.

[Signature of Notary Public]
[Name of Notary Public]
Notary Public until [Expiration Date]
PTR No. [Number], [Date/Place]
IBP No. [Number], [Date/Place]
Roll No. [Number]
Doc. No. [Number];
Page No. [Number];
Book No. [Number];
Series of [Year].

This template can be adapted, but professional legal advice is recommended to ensure compliance with current laws and specific circumstances.