How to Get a Notarized Affidavit of Support and Consent

In the Philippine legal landscape, protecting the welfare of minors is a paramount concern, especially regarding international travel. The Affidavit of Support and Consent (ASC) is a critical document designed to ensure that a minor traveling abroad has the permission of their parents or legal guardians and sufficient financial means to sustain their trip.


What is an Affidavit of Support and Consent?

An Affidavit of Support and Consent is a sworn statement executed by one or both parents (or a legal guardian). It serves two primary purposes:

  1. Consent: It officially grants permission for a minor child to travel outside the Philippines.
  2. Support: It guarantees that the affiant (the person signing) will provide financial assistance for the child’s travel, accommodation, and incidental expenses, ensuring the child does not become a "public charge" in a foreign country.

This document is most commonly required by the Department of Social Welfare and Development (DSWD) when issuing a Travel Clearance for Minors, and by the Bureau of Immigration at the point of departure.


When is This Document Required?

Under Philippine law, specifically the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, a Travel Clearance (and thus the ASC) is generally required if:

  • A minor is traveling alone.
  • A minor is traveling with someone other than their parents (e.g., a grandparent, aunt, or family friend).
  • The child is illegitimate and traveling with the father (since legal custody of an illegitimate child rests with the mother under the Family Code).

Note: If a child is traveling with both parents, or with a solo mother (for an illegitimate child), the ASC is typically not required by the DSWD, though some airlines or foreign embassies may still request a simplified version.


Essential Requirements for Notarization

To get an ASC notarized, the affiant must prepare a set of supporting documents to prove their identity and their relationship to the minor.

1. The Drafted Document

You can have a lawyer draft the affidavit, or use a standard template. It must include:

  • Full names of the parent(s) and the minor.
  • Purpose of travel and the destination.
  • Duration of stay and travel dates.
  • Specific companion details (if the child is not traveling alone).
  • Financial capacity declaration.

2. Supporting Evidence

  • Proof of Relationship: PSA-issued Birth Certificate of the minor.
  • Identification: Valid government-issued IDs of the affiant (e.g., Passport, Driver’s License, UMID).
  • Minor's Documents: A copy of the minor’s passport bio-page.
  • Companion’s Documents: A copy of the passport of the person accompanying the minor.

The Step-by-Step Process in the Philippines

Step 1: Drafting

Prepare the document. Ensure all names match the details on the PSA Birth Certificate and Passports exactly. Discrepancies in spelling can lead to delays at the airport or the DSWD office.

Step 2: Personal Appearance

In the Philippines, notarization requires the physical presence of the affiant. You cannot send a representative to sign an affidavit for you. The Notary Public must verify that you are the person signing the document voluntarily.

Step 3: Notarization

Present your IDs and the unsigned document to a commissioned Notary Public. You will sign the document in their presence, and they will apply their seal, signature, and notarial details (Doc No., Page No., Book No., and Series).

Step 4: DSWD Submission

Once notarized, the ASC is submitted to the DSWD as part of the application for a Travel Clearance. The DSWD will keep the original or a certified copy.


Special Considerations for Parents Abroad (OFWs)

If the parent providing consent is currently working or residing outside the Philippines, the process changes slightly because a local Philippine notary cannot witness a signature made abroad.

  1. Consularization: The parent must go to the nearest Philippine Embassy or Consulate. They will execute the Affidavit of Support and Consent there.
  2. Apostille: If the parent is in a country that is a member of the Hague Apostille Convention, they may have the document notarized by a local foreign notary and then "Apostilled" by the competent authority in that country. This replaces the old "red ribbon" system and makes the document legally recognizable in the Philippines.

Important Legal Reminders

Feature Detail
Validity Generally, an ASC is valid for a specific trip, but DSWD travel clearances are usually valid for one (1) to two (2) years.
Illegitimate Children Only the mother's consent is legally required. If the father is the affiant, the mother may still need to provide a waiver or joint affidavit depending on the DSWD evaluator.
Fees Notarial fees vary depending on the law office, typically ranging from PHP 300 to PHP 1,000 for simple affidavits.

Pro-Tip: Always produce at least three (3) original copies: one for the Notary Public, one for the DSWD/Immigration, and one for your personal records. Ensure the Notary Public's commission is active to avoid the document being declared void.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.