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Ensuring Compliance: Statement of Consent for a U.S. Passport to a Child

B. Elise
04.16.24 07:45 AM Comment(s)

Notarizing a Statement of Consent for a U.S. Passport to a Child

As a notary public, you are often called upon to authenticate various legal documents, ensuring their validity and compliance with regulations. One such document that may come across your desk is the Statement of Consent: Issuance of a U.S. Passport to a Child form. This form plays a crucial role when one or both legal parents or guardians cannot apply in person with the child for their passport.

The necessity of notarizing this form stems from its significance in the passport application process. Without the required consent submitted through this document or an equivalent written statement, the child may not be eligible for a U.S. passport. Thus, it falls upon the notary to ensure the accuracy and legality of the consent provided.

Let's delve into the intricacies of this document. The form, as pictured, consists of two critical sections: an oath and an acknowledgment. However, there is a notable omission – there is no designated space for the notary seal. This absence poses a challenge to compliance, as a proper notarization requires the inclusion of a seal or stamp to authenticate the document. Note: The notary seal must be near the notary signature. Notice the "Notary Seal" area indicated below is in the wrong place.

To rectify this deficiency and ensure compliance, the notary must attach a loose certificate to the form. This addition serves two essential purposes:

  1. Appropriate Notarization Type: The form currently combines elements of both an oath and an acknowledgment, creating ambiguity regarding the type of notarization required. To streamline the process and maintain consistency, the FL notary should know that when there is an acknowledgement with an oath present, the protocol is to attach a Jurat to fulfill both requirements listed on the form.(FL Statutes 117.03 Administration of Oaths.)

  2. Seal Inclusion: As mentioned, the absence of a designated space for the notary seal jeopardizes the document's validity. By attaching a loose certificate containing the notary's seal, the form becomes compliant with notarial requirements, affirming the authenticity of the signatures and consent provided.

Once the notary recognizes their role in ensuring the validity of the document, they should guide the individual through the completion of the form if necessary. Subsequently, the notary proceeds with the customary process of identifying the signatories and notarizing the document.

In conclusion, notarizing a Statement of Consent: Issuance of a U.S. Passport to a Child Form involves more than merely affixing a seal. It requires a meticulous approach to ensure compliance with notarial standards and legal requirements. By addressing the form's deficiencies through proper notarization techniques, the notary upholds the integrity of the document, thereby facilitating the passport application process for the child involved.

B. Elise