Affidavit of Support and Consent / Special Power of Attorney

This week a Filipina came to my office and requested for a notary on an Affidavit of Support and Consent and or Special Power of Attorney that is required by some government agencies in the Philippines specifically, the Department of Foreign Affairs and the Department of Social Welfare and Development. So what are these forms?

These are needed usually in situations when one or both parents are in the US and their minor child is in the Philippines. These circumstances could be when a child of a fiancée visa holder (K1) leaves her child behind or when a child is studying in the Philippines and there are certain activities that the minor child has to do that requires the presence of a parent such as traveling, getting a passport, or going to the US Embassy for interview or for a medical examination.

Specifically, the Affidavit of Support and Consent form is duly filled out and signed by either or both parents affirming that they are the parents of the child, that they have exclusive legal custody, that they are giving their consent to the child's travel and that they assume any financial obligations that may be incurred during the child's trip. This is usually required by the Department of Social Welfare and Development, and by some ticketing agents and airlines. This is to ensure that the accompanying adult is duly appointed and consented to and is not in any way engaging in child trafficking.

This form is also accompanied by a Special Power of Attorney attesting similar facts and with the addition of appointing an adult to apply for a passport on the child's behalf before the Department of Foreign Affairs.

These two forms, which are downloadable at any Philippine Consulate website, are signed by either or both parents before a notary public or the nearest Philippine Consulate having jurisdiction of their place of residence. This will then be sent to their agent in the Philippines who would present it before the named agencies.

I suggest that somewhere in those forms, a paragraph or two should be inserted that also gives the agent the authority and power to request for the minor child's medical records from his/her pediatrician as these are needed to obtain immunization records for use at the child's medical exam. Also, St. Luke’s or the US Embassy may need the same forms from the agent to show that they are authorized to accompany the child and be privy to the visa application.