NOTARIZED PARENTAL CONSENT WITH AN OFW FATHER
(Philippine legal perspective, April 2025)
1. What is “parental consent” and when is it needed?
In Philippine practice a notarized parental consent (sometimes called an Affidavit of Consent or Special Power of Attorney / SPA) is a sworn, written authority given by a parent so that another person (usually the other parent or a relative) may:
| Typical purpose | Governing rules¹ |
|---|---|
| Apply for, sign‐for or collect a Philippine passport for a minor (below 18) | Philippine Passport Act of 1996 (RA 8239), DFA Passport Manual (latest rev. 2023) |
| Accompany or permit a minor to leave the Philippines | Child and Youth Welfare Code (PD 603), Anti-Trafficking in Persons Act (RA 9208, as amended), DSWD Administrative Order 12-2017 |
| Transact civil registry matters (e.g., legitimation, acknowledgement) | Family Code (Exec. Order 209), Civil Registry Law (Act 3753) |
| Authorize medical treatment, schooling, banking or similar acts | General agency under the Civil Code |
*¹ The table cites the principal statutes; each has IRRs and agency circulars implementing them.
2. Why is it an issue when the father is an OFW?
An Overseas Filipino Worker is physically outside the Philippines, so the consent must (a) be executed abroad and (b) be legally recognised in the Philippines. That adds two extra layers:
- Venue for notarization – inside the Philippine Embassy/Consulate (consular notarization) or before a local foreign notary plus authentication.
- Authentication / legalisation – either (i) Apostille under the 1961 Hague Convention, or (ii) consular “red-ribbon” where the destination state is not an Apostille country.
3. Legal bases for validity
| Requirement | Where found |
|---|---|
| Personal appearance before a notary (or consular officer) | Rule II, 2004 Rules on Notarial Practice; DFA Consular Notarial Guidelines |
| Parental authority over the child | Arts. 209–225 Family Code (mother alone if illegitimate; both parents if legitimate) |
| Specificity of act authorized | Art. 1878 (8), Civil Code – SPA for “any other matter;” DFA requires particular language for passport/travel |
| Authentication abroad | DFA Department Order 60-2020 (adopts the Apostille Convention) |
| Presentation of minor’s birth certificate | Sec. 11, RA 8239 IRR (passport); DSWD AO 12-2017 §4 (travel clearance) |
4. Step-by-step guide when Dad is abroad
Draft the instrument
- Title it “Affidavit of Parental Consent and Special Power of Attorney.”
- Name the child, date of birth, passport number (if any).
- State the exact act being authorised (e.g., “to apply for and sign all documents for the issuance of a Philippine passport in favour of my minor daughter … and to accompany her in all DFA appearances”).
- Attach a photocopy of the father’s passport and the minor’s PSA birth certificate.
Execute and notarize abroad
a. Preferred: personally appear at the nearest Philippine Embassy/Consulate (or POLO if it offers notarial services). The document is notarised in the same manner as if in the Philippines; no Apostille is needed.
b. Alternative: sign before a local notary public of the host country.- If the host state is a Hague Apostille Party → obtain an Apostille from the competent authority.
- If not a party → have the document “red-ribboned” by the Philippine Embassy/Consulate.
Send the originals to the Philippines by courier. DFA and DSWD accept only the original wet-ink copy (photocopy or scan is not enough).
Present to the agency
- Passport Application: Submit during the child’s appearance at DFA, together with the parent-submitting adult’s ID.
- DSWD Travel Clearance: Attach to the DSWD application form, plus a photocopy of father’s overseas contract/visa to prove he is indeed abroad.
Validity period
- Passport-related consent: DFA treats it as valid for one (1) year from date of notarization unless a shorter period is stated.
- DSWD Travel Clearance: Consent must be dated within six (6) months prior to filing.
5. Special scenarios
| Situation | What to do |
|---|---|
| Illegitimate child (mother has sole parental authority) | No consent needed from OFW father; DFA requires mother’s affidavit of illegitimacy plus child’s PSA birth cert. annotated “no father.” |
| Father unreachable / refuses | Mother may file a Petition for Sole Parental Authority (RTC Family Court) or get a DSWD certification of parental unavailability (used mainly for travel clearance). |
| Parental consent for marriage (ages 18–21) | Execute Parental Consent to Marry under Art. 14 Family Code → same notarization rules apply; submit to the Local Civil Registrar. |
| Father works in a no-embassy country | Philippine Honorary Consul may notarise but DFA sometimes insists on apostillisation by the host state’s MFA; verify in advance. |
| Name discrepancy between child and parent IDs | Include an Affidavit of Discrepancy in the same package to prevent DFA rejection. |
6. Draft template (illustrative)
AFFIDAVIT OF PARENTAL CONSENT AND SPECIAL POWER OF ATTORNEY
I, Juan Dela Cruz, Filipino, of legal age, married, presently employed in Riyadh, KSA and holder of Philippine Passport No. P1234567A, hereby depose:
- That I am the father of minor MARIA ISABEL DELA CRUZ, born 15 March 2015 in Quezon City, Philippines, as evidenced by her PSA‐issued Certificate of Live Birth;
- That I am currently an Overseas Filipino Worker under POEA‐validated Contract No. … and cannot personally accompany my daughter to the Department of Foreign Affairs;
- That I hereby authorize my spouse, ANA REYES DELA CRUZ, to (a) apply for, sign and receive my daughter’s Philippine passport, and (b) accompany her in all appearances before the DFA and other government agencies;
- That I likewise give full consent for my daughter to travel with her mother to Singapore on 10 June 2025 and to return on or before 20 June 2025;
- That I am executing this Affidavit to attest to the truth of the foregoing and for whatever legal purpose it may serve.
IN WITNESS WHEREOF … [signature]
(Embassy notarial jurat follows.)
7. Practical tips & pitfalls
- Check host-country public holidays – consular sections keep shorter hours.
- One document, multiple purposes – the DFA accepts a single affidavit covering passport and travel, but the wording must expressly mention both.
- Photocopies for submission – always bring one extra set; DFA and DSWD keep your originals.
- Digital or e-notary abroad? Still NOT accepted by Philippine agencies as of April 2025; wet signature only.
- Minor’s signature line – leave blank; children are not required to sign passport forms.
- Translation – if executed in a non-English country before a local notary, attach an official English translation before apostillisation.
8. Frequently-asked questions
| Question | Short answer |
|---|---|
| Can the SPA be emailed then printed and notarised in Manila? | No. The father must sign in person before the notary/consular officer. |
| Is video-conferencing notarisation valid? | Philippine consular rules do not yet recognise remote notarisation. |
| Our child already has a passport; do we still need consent to travel? | Yes, if travelling without either parent and below 18, you still need DSWD clearance + consent. |
| How long does Embassy notarisation take? | Same-day in most posts; some require prior online booking. |
| What if the Apostille is older than one year? | DFA/DSWD accept it as long as the underlying affidavit is within validity (see §4-5). |
9. Penalties for falsification or trafficking
Submitting fake or forged consent documents exposes the filer to:
- Art. 171–172, Revised Penal Code – Falsification (imprisonment up to prisión mayor).
- RA 9208 (as amended by RA 11862) – Anti-Trafficking (reclusion temporal if a minor is exploited).
- Administrative blacklisting from POEA or DFA services.
Conclusion
A notarized parental consent involving an OFW father is perfectly routine but procedurally strict: swear it where the father is, authenticate it correctly, and submit the original within the agency’s validity window. Observing the formalities of notarisation, apostille/red-ribbon, and proper drafting will ensure the child’s passport or travel clearance is issued without delay.
(This article is for general information only and is not a substitute for personalised legal advice. Laws and administrative rules may change; verify with the DFA, DSWD or your nearest Philippine Embassy before relying on this guide.)