Under Philippine law, a Filipino citizen who is at least 18 years old but not yet 21 years old must secure parental consent to contract a valid marriage, whether the ceremony takes place in the Philippines or abroad. This requirement stems directly from the Family Code of the Philippines. When the intended marriage is to be solemnized in a foreign country, the parents or legal guardian must execute a formal Affidavit of Consent and Support to enable the issuance of the Certificate of Legal Capacity to Contract Marriage (CLC) by the Philippine Embassy or Consulate. The document combines two essential elements: explicit parental consent to the marriage and an undertaking of continued moral and, where applicable, financial support for the contracting party until full legal capacity is attained or as circumstances require.

Legal Basis

The core provisions are found in the Family Code (Executive Order No. 209, as amended):

Article 5 establishes the minimum marriageable age at 18 years.
Article 14 mandates that parties aged 18 to 21 must present written consent from their father, mother, surviving parent, or guardian to the local civil registrar (or, in the case of marriage abroad, to the Philippine foreign service post).
Article 26 recognizes the validity of marriages solemnized abroad provided they are valid under the laws of the place of celebration, subject to the essential requisites of Philippine law, including capacity and consent.
Republic Act No. 6809 (1989) lowered the age of majority to 18 but preserved the parental consent requirement for marriage until age 21.

Additional rules are supplied by the Department of Foreign Affairs (DFA) guidelines on the issuance of the CLC, the Philippine Passport Act, and the rules of the Philippine Statistics Authority (PSA) on registration of foreign marriages. Failure to obtain and properly authenticate the Affidavit of Consent and Support renders the CLC unavailable, which in turn prevents legal recognition of the marriage in the Philippines even if the foreign ceremony is otherwise valid.

When the Affidavit Is Required

The Affidavit of Consent and Support is mandatory in the following situations:

The prospective spouse is a Filipino citizen aged 18 to 20 (inclusive).
The marriage will be solemnized outside the Philippines.
The couple intends to register the marriage with Philippine authorities for purposes of updating civil status, securing a new PSA Marriage Certificate, or processing subsequent legal documents such as passports, visas, or property transactions.

The affidavit is not required for Filipinos who are 21 years old or older at the time of application for the CLC. It is also unnecessary when both contracting parties are foreigners, or when the Filipino party is under the custody of a court-appointed guardian who provides substitute consent.

If one or both parents are deceased, the surviving parent or the legal guardian must execute the affidavit, accompanied by death certificates. In cases of parental incapacity or abandonment, a court order appointing a guardian may substitute.

Who May Execute the Affidavit

Both parents, if living and not legally separated in a way that affects parental authority.
The surviving parent, if one is deceased.
The duly appointed legal guardian, supported by court documents.
In exceptional cases involving adoption, the adoptive parents.

The executing parent(s) must be of legal age and sound mind. If the parents are themselves minors or otherwise incapacitated, the appropriate guardian or court intervention is required.

Essential Contents of the Affidavit

A valid Affidavit of Consent and Support must contain the following:

Complete names, ages, civil status, and addresses of the executing parent(s) or guardian.
Full name, date and place of birth, and passport details of the child who intends to marry.
Full name, nationality, and passport or identification details of the intended spouse.
Date and place (city and country) where the marriage is scheduled, if known; otherwise, a general statement of intent to marry abroad.
An unequivocal declaration of consent to the marriage.
A statement affirming that the parents/guardian have been fully informed of the identity and background of the intended spouse and approve of the union.
An undertaking of continued support—moral, educational, or financial—until the child reaches 21 or as the parents deem necessary, particularly if the couple will initially reside in the foreign country.
A clause stating that the parents assume responsibility for any legal consequences arising from the marriage and that they have no objection to the issuance of the CLC.
Sworn statement that the contents are true and correct, executed freely and voluntarily.
Signature of the affiant(s) and, where required, the signature of two witnesses.

The document must be written in English or accompanied by an official translation if executed in another language.

Execution and Authentication Process

The affidavit may be executed in two primary ways:

In the Philippines — Before a notary public. After notarization, the document must undergo DFA authentication (Apostille if the country of marriage is a member of the Hague Apostille Convention). This involves submitting the notarized affidavit to the DFA Authentication Division together with the parents’ valid identification and the child’s PSA birth certificate.
At a Philippine Embassy or Consulate — The parents may appear personally before a consular officer, who will administer the oath and notarize the document on-site. This version is already considered authenticated for use at the same post.

Processing times vary: notarization is usually same-day, while DFA Apostille typically takes 2–7 working days depending on volume and whether expedited service is requested. Fees are prescribed by DFA regulations and are subject to periodic adjustment.

Supporting Documents

To accompany the Affidavit of Consent and Support when applying for the CLC:

PSA-issued birth certificate of the Filipino party (original or certified copy).
Valid Philippine passport of the applicant.
Valid identification of the parent(s) executing the affidavit.
If applicable: death certificate of a deceased parent, court order of guardianship, or marriage certificate of parents to establish filiation.
CENOMAR (Certificate of No Marriage) of the Filipino party.
Passport or equivalent ID of the foreign intended spouse.
Proof of relationship or additional documents required by the specific foreign country’s marriage authority.

Submission for Certificate of Legal Capacity to Contract Marriage (CLC)

The authenticated Affidavit of Consent and Support is submitted together with the other requirements to the Philippine Embassy or Consulate in the country where the marriage will occur (or the nearest post if none exists in that jurisdiction). The consular officer reviews the documents for completeness and authenticity. Upon approval, the CLC is issued, usually within 5–15 working days. The CLC is valid for 180 days from issuance and must be presented to the local foreign civil registrar or marriage solemnizing officer.

Post-Marriage Registration in the Philippines

After the foreign marriage:

The foreign marriage certificate must be authenticated by the foreign country’s competent authority (Apostille where applicable) and then by the Philippine Embassy/Consulate.
The couple or an authorized representative submits the authenticated marriage certificate to the Philippine Embassy/Consulate for registration (Report of Marriage).
The Embassy forwards the documents to the PSA for recording. The PSA then issues a Philippine Marriage Certificate, which updates the civil status in all government records.

Timely registration is critical; delays may complicate passport renewal, visa applications, property ownership, or filiation proceedings involving future children.

Special Considerations and Common Issues

Dual Citizenship: A Filipino with dual citizenship must still comply with Philippine consent rules when the marriage is intended to produce effects under Philippine law.
Same-Sex Marriages: While valid in many foreign jurisdictions, same-sex marriages remain unrecognized under the Family Code. Parental consent does not confer validity in the Philippines.
Previous Marriages: If the Filipino party was previously married, a final decree of annulment, nullity, or death certificate must be presented in addition to the consent affidavit.
Parental Refusal: If parents withhold consent without just cause, the 18–20-year-old party may petition the court for a judicial declaration allowing the marriage (though this is rarely granted and does not apply to marriages abroad).
Financial Support Undertaking: The “support” portion of the affidavit serves both as evidence of parental awareness and as a moral commitment. While not creating a strict enforceable obligation against the parents in the foreign jurisdiction, it may be considered by Philippine courts in future support or filiation cases.
Country-Specific Variations: Some foreign authorities impose additional requirements (e.g., translated documents, police clearances, or medical certificates) that must be satisfied independently of Philippine rules.

The Affidavit of Consent and Support is a critical instrument that bridges Philippine family law with the realities of international marriage. Proper preparation, execution, authentication, and timely submission ensure that the marriage is legally recognized in the Philippines, protecting the rights of the parties and any children born of the union. All steps must strictly adhere to the Family Code, DFA regulations, and PSA guidelines to avoid nullity, registration delays, or complications in subsequent legal transactions.