Affidavit of Support and Consent for Travel with a Minor Sibling in the Philippines A comprehensive legal guide (updated May 2025)
1. Purpose and Overview
An Affidavit of Support and Consent for Travel is a sworn, notarized statement by a parent—or any person who holds legal parental authority—authorizing his or her minor child (below 18 years old) to travel outside (and, in rarer cases, within) the Philippines in the company of a brother or sister. It simultaneously:
- Grants consent to the sibling’s guardianship over the travelling minor for the entire trip; and
- Undertakes financial support for all expenses, welfare, and eventual repatriation of the minor.
Although the affidavit is only one piece of documentation, it is indispensable when applying for a DSWD Travel Clearance and during Bureau of Immigration (BI) exit screening at Philippine ports of departure.
2. Legal Foundations
| Source | Key Principle Relevant to Travelling Minors |
|---|---|
| Family Code of the Philippines (E.O. 209, 1987), Arts. 209–231 | Parents exercise parental authority and must give permission for a minor to leave the country. |
| Presidential Decree 603 (Child and Youth Welfare Code) & RA 7610 (Special Protection of Children) | Affirms the State’s duty to protect children from abuse, neglect, and exploitation—including trafficking risks in cross-border travel. |
| RA 9208, as amended by RA 10364 (Expanded Anti-Trafficking in Persons Act) | Imposes stricter documentary checks at immigration to prevent child trafficking. |
| DSWD Administrative Order No. 12-2017 (latest consolidated guidelines) | Requires a DSWD Travel Clearance for any Filipino minor travelling abroad unaccompanied by at least one parent. |
| Bureau of Immigration Operations Order SBM-2015-025 & subsequent travel advisory updates (2019, 2023) | Lists the affidavit as a supporting document when a minor’s companion is not a parent. The IO may deny departure absent proper consent. |
| Hague Convention Abolishing Legalisation of Foreign Public Documents (Apostille Convention) – PH in force since 2019 | If the affidavit is executed abroad, it must be Apostilled (or consularised) to be valid in the Philippines. |
3. When Is the Affidavit Required?
| Scenario | Needed? | Notes |
|---|---|---|
| Minor travels abroad with a sibling age 18 + | Yes | Treated as travelling with a non-parent adult; affidavit + DSWD Clearance are mandatory. |
| Minor travels abroad with a sibling who is also a minor | Yes (two affidavits) | Each child is deemed travelling alone under DSWD rules. Each needs a separate affidavit and his/her own Travel Clearance listing a designated guardian at destination. |
| Minor travels abroad with both parents | No | Parental authority is present; ordinary passports suffice unless host country demands otherwise. |
| Domestic air/sea travel with sibling | Sometimes | Philippine carriers rarely ask, but some inter-island ferries or local airports still request parental consent. Having the affidavit avoids delay. |
| One parent deceased / absent | Yes | Surviving or custodial parent executes the affidavit and attaches proof (death certificate, court order, solo-parent ID, etc.). |
4. Who May Execute the Affidavit?
- Either parent exercising custody (married parents: both have joint authority; illegitimate child: mother enjoys sole authority absent court order).
- Legal guardian duly appointed by a Philippine court.
- Surviving / solo parent (must show Solo-Parent ID under RA 8972, or death certificate of deceased spouse).
- DSWD or licensed institution if the child is a ward of the State; their social worker issues the consent in institutional form, not in individual affidavit form.
Tip: When only one parent signs, explain in the body why the other parent cannot or need not consent, and attach proof (e.g., notarized Special Power of Attorney from the non-travelling parent abroad).
5. Essential Contents of the Affidavit
- Title – “Affidavit of Support and Consent for Travel of Minor.”
- Affiant’s personal details – full name, citizenship, civil status, residence, government-issued ID.
- Authority clause – states relationship and parental/guardian authority over the child.
- Minor’s particulars – name, date & place of birth, passport number.
- Sibling-escort’s particulars – name, age, passport/ID number, relationship.
- Travel details – destination country(ies)/city(ies), purpose (vacation, study tour, medical, etc.), inclusive travel dates, airline/flight if known, accommodation address abroad.
- Support undertaking – affiant guarantees full financial support, medical care, accommodation, and repatriation.
- Consent clause – expressly permits the sibling to act in loco parentis, to make emergency decisions, and to comply with foreign/Philippine authorities.
- Declaration against trafficking – statement that travel is voluntary and not for exploitation.
- Validity period – usually covers the stated travel dates with a reasonable margin (e.g., “valid until 30 days after scheduled return”).
- Signature block – affiant signs above printed name.
- Jurat – notarization block with government-issued ID details, Notary’s roll number, commission, and seal.
6. Supporting Documents Commonly Attached
| Document | Why Needed |
|---|---|
| PSA-issued Birth Certificates of minor & sibling | Proves relationship. |
| Valid Passports or government IDs of minor, sibling, and affiant | Confirms identity. |
| Parents’ Marriage Certificate (or CENOMAR / death certificate / court decree) | Establishes legitimacy and custody status. |
| School ID / Enrolment Certificate of minor (if student) | Frequently asked by BI for additional verification. |
| Proof of employment / financial capacity of affiant | Strengthens “support” component; optional but recommended. |
7. Execution Procedure
Draft the affidavit following the above template on A4 or long bond paper.
Appear personally before a Philippine notary public. Bring original IDs and sign in his/her presence. Notarial fee ranges ₱200–₱500.
If located abroad:
- Option A: Sign at the nearest Philippine Embassy/Consulate; document is “consularised” (recognized as a Philippine public document).
- Option B: Sign before a local notary, then obtain an Apostille from the host State’s Competent Authority.
Photocopy notarised affidavit (2–3 copies). The original is filed with DSWD; copies are shown to airline and BI.
Submit with the DSWD Travel Clearance application (walk-in or online e-Service). Processing: 3–5 working days; fee: ₱300 (one-year) / ₱600 (two-year).
8. Validity and Re-Use
- Single-use, date-specific. Once the stated trip has lapsed or details change (e.g., new flight route, change of companion), prepare a fresh affidavit.
- BI officers rarely accept affidavits more than six (6) months old, even if trip dates were “open.”
9. Relationship to DSWD Travel Clearance
| Affidavit | DSWD Travel Clearance |
|---|---|
| Private document executed by parent/guardian; proves consent & support. | Government permit issued by DSWD; certifies the travel is lawful. |
| Always notarized; one per minor. | Issued as a security-printed booklet, valid 1 or 2 years and may list multiple trips. |
| Requirement for the clearance when companion is not a parent. | Requirement at immigration; BI will look for the Clearance itself. |
Without the DSWD clearance, the affidavit alone will not suffice for departure.
10. Common Pitfalls and Immigration “Offload” Triggers
- Unsigned / un-notarized affidavits presented as printouts or scans.
- Inconsistent travel dates between affidavit, ticket, and DSWD clearance.
- Missing documentary proof of sibling relationship.
- Affiant unavailable for verification when BI attempts a phone call.
- Affidavit executed abroad but not Apostilled/consularised.
Prepare originals, clear copies, and keep the affiant reachable on the travel date.
11. Special Situations
| Situation | Extra Steps |
|---|---|
| Illegitimate child travelling | Only the mother (or court-appointed guardian) signs; attach child’s Certificate of Illegitimacy or PSA birth certificate identifying mother only. |
| Adopted child | Affiant is adoptive parent; attach Decree of Adoption. |
| Minor sibling is an OFW dependent joining the OFW abroad | Embassy may require an additional Affidavit of Undertaking from the OFW sponsor addressed to host immigration. |
| Sibling-escort holds foreign passport | Provide notarized Filipino translation of foreign IDs if in non-English language. |
12. Template (Sample Wording)
Below is a condensed specimen. Tailor names, dates, and details accordingly.
Republic of the Philippines) City of _________ ) S.S.
AFFIDAVIT OF SUPPORT AND CONSENT FOR TRAVEL
I, JUAN DELA CRUZ, Filipino, of legal age, married, and residing at 123 Mabini Street, Davao City, after being duly sworn, depose and state:
- I am the biological father and exercising sole parental authority over my minor daughter, MARIA CLARITA DELA CRUZ, born 14 August 2012, Philippine Passport P_______.
- I hereby CONSENT to her travel to Tokyo, Japan from 10 June 2025 to 20 June 2025 in the company of her elder brother JOSE ANDRES DELA CRUZ, 20 years old, Philippine Passport P_______.
- I undertake to DEFEND, MAINTAIN, and SUPPORT said minor for the entire duration of the trip, including any medical or repatriation costs.
- I declare that this travel is purely for family vacation, free of any form of trafficking, exploitation, or labor.
- I am executing this affidavit to comply with the requirements of the Department of Social Welfare and Development and the Bureau of Immigration, and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this 31 May 2025 in Davao City, Philippines.
(sgd.) JUAN DELA CRUZ Affiant Passport / UMID No. _________________
SUBSCRIBED AND SWORN to before me this ___ day of _______, 2025, affiant exhibiting to me the foregoing ID. Notary Public
13. Frequently Asked Questions
Q 1: Do I still need the affidavit if I already have the DSWD Travel Clearance? Yes. The clearance lists the affidavit as an underlying parental consent. BI may ask to see both.
Q 2: My child is 17 years 11 months but turns 18 midway abroad. Need the affidavit? Yes. Philippine law looks at the child’s age on the date of departure. He/she may return as an adult without the clearance.
Q 3: Can the affidavit be e-signed? No. Philippine notarial practice requires personal appearance and a wet signature.
Q 4: How many originals should I produce? Prepare three: one for DSWD, one to hand BI/airline, and one spare.
14. Best-Practice Checklist (Day of Departure)
- ✅ Minor’s passport still valid ≥ 6 months
- ✅ Valid visa (if destination requires)
- ✅ DSWD Travel Clearance booklet
- ✅ Original notarized Affidavit of Support & Consent
- ✅ Photocopies of birth certificates, IDs
- ✅ Round-trip tickets & proof of accommodation
- ✅ Contact details of affiant in PH (phone reachable)
15. Consequences of Non-Compliance
- Immigration offloading: Minor and sibling denied boarding; rebooking costs borne by the family.
- DSWD referral: Child may be turned over to social workers for protective custody.
- Anti-Trafficking prosecution: Penalties up to life imprisonment and ₱2 million fine for facilitators if intent to traffic is found.
16. Conclusion
The Affidavit of Support and Consent for Travel with a Minor Sibling is more than a bureaucratic formality—it is a concrete safeguard against child exploitation while respecting a family’s right to travel. Draft it carefully, notarize it properly, pair it with the DSWD Travel Clearance, and keep all supporting documents on hand. Doing so will ensure a smooth, worry-free departure and, most importantly, the minor’s safety throughout the journey.
(This article is for general guidance only and does not replace personalized legal advice. For complex custody arrangements, consult a Philippine lawyer or the nearest DSWD office.)