Notarized Custody Authorization Letter for a Child in the Philippines — Everything You Need to Know
1. What Is It?
A custody authorization letter (sometimes called a parental authorization, travel consent, or temporary guardianship affidavit) is a sworn, notarized document in which the child’s parent or legal guardian voluntarily delegates certain custodial powers—usually on a temporary and limited basis—to another adult. Typical uses: escorting the child on domestic or international trips, acting for the child during medical emergencies, enrolling the child in school, or caring for the child while the parent is abroad or unavailable.
2. Legal Foundations
| Area | Key Philippine Sources | Core Principles |
|---|---|---|
| Parental Authority & Custody | Family Code of the Philippines, Arts. 209 - 232 | Parents exercise joint primary custody; delegation is allowed if express, specific, and temporary. |
| Guardianship & Substitute Care | Rule 99 (Rules of Court); Art. 225, Family Code | Courts may appoint guardians, but parents may privately confer limited custodial powers without court approval if not contrary to the child’s best interests. |
| Child Travel Abroad | DSWD Administrative Order 12-2017 (Travel Clearance for Minors); Philippine Immigration Act | A notarized consent letter is required documentation when applying for a DSWD Travel Clearance if only one parent is traveling or a non-parent companion is accompanying the child. |
| Notarial Practice | 2004 Rules on Notarial Practice, Rule IV | Personal appearance, competent evidence of identity, thumbprints, and entry in the Notarial Register are mandatory for validity. |
| Child Protection | RA 7610 (Special Protection of Children) | Delegation cannot be used to conceal trafficking, exploitation, or abuse. |
Important: A notarized letter does not replace a court-issued guardianship order when the parents are incapacitated, deceased, or when long-term custody is contested. In such cases, only the court may award custody.
3. When Do You Need One?
- Overseas travel with a grandparent, relative, family friend, or school chaperone.
- Domestic travel (air, sea, or land) when one or both parents are absent.
- School-related matters — enrollment, field trips, signing report cards.
- Medical treatment — authorizing consent to surgery or routine care.
- Daily caregiving while a parent works abroad (e.g., OFWs on a short contract).
- Bank or benefits transactions involving the child’s account or entitlements.
4. How Long Can It Last?
Philippine law sets no explicit statutory time limit on private delegations. • Best practice: limit to six months to two years, or tie the effectivity to a specific event (e.g., “until 30 days after my return to the Philippines”). • Revocation is always possible by written notice to the authorized custodian and relevant institutions, followed by recording the revocation before the same notary or any competent notary.
5. Essential Elements of the Letter
Title — “Affidavit of Parental Custody Authorization” or similar.
Parties
- Affiant(s): full names, citizenship, civil status, residence.
- Child: full name, birth date, birth place, passport/PSA Birth Certificate details.
- Authorized Custodian: full name, relationship to child, contact details.
Grant of Authority
- Describe scope (travel, care, education, medical, legal acts).
- State places covered (e.g., “within the Philippines and abroad, including but not limited to Japan and Singapore”).
- Specify period or condition for termination.
Undertakings
- Parent affirms continuing responsibility and agrees to reimburse lawful expenses.
- Custodian commits to act in the child’s best interests and keep parents informed.
Signature Block
- Printed names and signatures of all affiants.
- Two credible witnesses (optional but advisable).
Notarial Acknowledgment
- Standard form per 2004 Rules on Notarial Practice, including Notarial Register entry number and IBP & PTR details of the notary.
Attachments (photocopies, to be shown in original to the notary)
- Valid government IDs/passports of parents and custodian.
- PSA Birth Certificate of the child.
- Proof of relationship (if not evident from birth certificate).
6. Formatting & Execution
| Requirement | Practical Tips |
|---|---|
| Language | English is widely accepted; provide Filipino translation if the custodian is not fluent in English. |
| Paper | Long bond (8½ × 13 in) or A4; leave a 1½-inch left margin so the Notary’s dry seal does not cover text. |
| Font & Style | 12-pt serif font; single spacing; block paragraphs. |
| Notary Fee | ₱200 – ₱600 typical in Metro Manila; keep the Official Receipt. |
| Documentary Stamp Tax (DST) | For purely private custody letters, DST is usually not assessed, but if the letter functions as a Special Power of Attorney (SPA) that can be presented to banks or government agencies, attach ₱100 DST through adhesive stamp or BIR Form 2000OT receipt. |
7. Step-by-Step Procedure
- Draft the letter following the template below.
- Print two originals (one for the parent, one for the custodian).
- Gather IDs and supporting documents.
- Appear before a notary public — affiants must sign in the notary’s presence.
- Pay fees; verify the document is stamped, signed, and sealed.
- Claim certified copies if you need extra originals (travel clearances often require one).
- File or submit to the DSWD/BI/school/hospital as needed.
- Carry the original when traveling; photocopies are usually rejected at ports of exit.
8. Sample Template (Fill-in-the-Blanks)
AFFIDAVIT OF PARENTAL CUSTODY AUTHORIZATION
I/WE, ______________________, of legal age, Filipino, married/single,
residing at ______________________________________, after having been
duly sworn, depose and state:
1. That we are the parents/legal guardians of **[Child’s full name]**,
born on ___ _______ 20__, in _____________, Philippines;
2. That by reason of our temporary absence from ________ (country
or locality) from ________ to ________, we hereby CONFER upon
**[Custodian’s full name]**, ___ years old, Filipino, single/married,
residing at ______________________________________, the authority:
a. To care for, supervise, and have physical custody of our child;
b. To decide on and consent to medical or dental treatment in
case of emergency;
c. To sign school documents, attend parent-teacher conferences,
and represent us before educational authorities;
d. To accompany our child during travel to and from ____________,
including international travel to ______________________,
and to secure the necessary DSWD Travel Clearance and
immigration permits;
3. This authorization is **effective from ____ (DD Month YYYY) until
____ (DD Month YYYY)**, unless earlier revoked by us in writing.
4. We retain full parental authority at all times and agree to hold
[Custodian] free and harmless from liability for lawful acts done
in good faith within the scope of this authorization.
IN WITNESS WHEREOF, we have hereunto set our hands this ____ day of
________ 20__, at __________, Philippines.
______________________________ ______________________________
[Name of Parent-Affiant 1] [Name of Parent-Affiant 2]
(space for witnesses, if any)
SUBSCRIBED AND SWORN to before me this ____ day of _______, 20__,
at ___________, affiants exhibiting to me the following competent proof
of identity:
Name ID Type/Number Date/Place Issued
_____________________ ________________ ______________________
_____________________ ________________ ______________________
Doc. No. ____; Page No. ____;
Book No. ____; Series of 20___.9. Special Situations & Frequently Asked Questions
| Situation | Guidance |
|---|---|
| Only one parent has custody (e.g., annulment, illegitimate child) | The parent with sole parental authority executes the letter; attach the court decree or acknowledgment certificate if available. |
| Parent abroad cannot appear before PH notary | Execute a Consularized SPA at the Philippine Embassy/Consulate abroad or have it apostilled under the Hague Apostille Convention; then forward the original to the custodian. |
| Minor traveling with school delegation | School often prepares a universal parental consent, but Bureau of Immigration still accepts an individual notarized authority plus DSWD clearance if abroad. |
| Medical emergency during travel | Hospitals may insist on both the notarized letter and a government-issued ID of the parent (photocopy) before performing elective procedures. |
| Revoking the authorization early | Sign a short Revocation of Authority, notarize it, and give copies to the custodian, school, DSWD, and Immigration if applicable. Keep proof of service. |
10. Limitations & Risks
- No property powers unless expressly stated — banks often demand a separate, bank-specific SPA.
- Long-term custody disputes must go to court; this letter cannot defeat a Writ of Habeas Corpus filed by an opposing parent.
- Criminal liability arises if the letter is used to traffic or exploit a minor (RA 9208, RA 10364).
- Foreign recognition varies; some countries (e.g., UAE, Qatar) require a consularized SPA rather than an apostilled private authorization.
- Notary irregularities (e.g., no ID check) can render the document void; choose a reputable notary.
11. Best-Practice Checklist
- Names and dates spelled correctly
- Clear scope & duration stated
- ID details of parents and custodian included
- Personal appearance before notary completed
- Notarial seal, signature, & register details visible
- Original safely stored; certified copies distributed
- DSWD Travel Clearance (if leaving PH) secured
12. Key Takeaways
- A notarized custody authorization letter is simple to prepare but must be exacting in form to be honored by airlines, schools, hospitals, and government agencies.
- It is voluntary, revocable, and limited; for enduring or contested custody, seek a court-appointed guardianship.
- Always attach supporting IDs, follow notarial formalities, and, when traveling overseas, pair the letter with a DSWD Travel Clearance and/or apostille/consularization for seamless compliance.
By adhering to these guidelines, Filipino parents can confidently entrust their child’s welfare to a trusted adult while meeting all legal and procedural safeguards.