Posted by Dan Dritz on 6/13/09 3:00pm
Msg #292264

passport signing

I have someone who needs to get their signature notarized so that they can get a passport for their child. I think one parent is going to get it and the other is not. Since I am new to this. Would anyone be able to tell me if I am correct assuming this would be an acknowledgement. Obviously they have to tell me what they think they need, but for my own knowledge, I want to be sure I am correct.
Thanks,
Dan

Reply by davidK/CA on 6/13/09 3:14pm
Msg #292265

The passport application form (DS-11) says "sworn and subscribed", so logically that would mean a Jurat is the correct form. See http://www.state.gov/documents/organization/79955.pdf?

Reply by Cari on 6/15/09 12:38pm
Msg #292331

Passport signing...can only be done by designated indiv. n/m

Reply by MikeC/NY on 6/13/09 7:12pm
Msg #292271

Are you talking about a permission to travel, or an actual passport application? Passport applications can only be "notarized" by individuals authorized to do so by the US Dept of State; if they take it to the local post office, there will be someone there who can do it for them. It's not something a commissioned notary can do.

Reply by Marian_in_CA on 6/13/09 7:52pm
Msg #292274

Are you talking about DS-3053?

This is the form that one parent fills out to indicate that the other parent is not available when they need to get a passport for their child under 16. The feds DO want this notarized... and it's a PITA form that i've seen many times! Whatever you do, DO NOT ATTACH A LOOSE CERT to this form. It will likely be rejected. The Feds hate loose certs on their forms.

The problem is that I have been told by the Dept of State that this is a SWORN STATEMENT and that they want a jurat. Of course, there is no jurat wording on this form...so what to do?


I spoke with both our SOS and the Dept of State several times, and this is how I have been told to handle it (this is from thread #276455). You should look at the form when referencing my notes, or it won't make any sense:

FORM: http://www.state.gov/documents/organization/80106.pdf


"CA Civil Code 1189 doesn't apply because that involves acknowledgments, not jurats. The DS-3053 is a sworn statement. Or at least, that's what I was told by the Dept. of State.

It was likely rejected because you added a loose form. The Dept. of State does not like additional forms on the paper and they will reject it. Basically, for DS-3053, on the first page, they said to fill everything, as requested... including your signature, but do NOT seal. Simply write, "See section 5 on page 2 for more details." underneath the words, "Notary Seal". Then in the "Continuation of Special Circumstances" box on the second page write, "Per California Government Code 8202, the following notarial wording is required for all sworn statements in California..." and then use a jurat stamp or hand write the wording. Just make sure to keep it contained in the "Continuation of Special Circumstances" box on the second page.

I called the Dept of State and SOS about this not too long ago, and that was what they told me to do. It was difficult explaining it to them, but when they finally understood... they told me to make sure that the notes include a reference to the specific Gov't Code and make sure not to attach a loose certificate. That's what I was told... now, people at the acceptance agencies might get their undies bunched up over it, but they shouldn't if you document and are clear in why you're doing what you're doing.

Here are my notes from this back in October:

"On a side note... and I'm not sure we can even remind them to do this... but the lady at the state department said to make sure the absent parent (the one getting the signature notarized) also sends a clear photocopy of the ID that was used for the notarization with the form. They don't need a certified copy... just a photocopy for comparison to the notary's details. She did say, though, adding an affidavit by Document Custodian on the copy of the license is acceptable, but not required. But, it's not like we can openly offer that information to them...and she understood that.

She also told me that that state department is aware of various state and international notary laws and that she gets this question about twice a day. As long as the notary's details are written down and it is clear what they've done... the application shouldn't be rejected."


Note the acknowledgments are covered in the Civil Code... and jurats in the Government Code. It's no wonder notary law confuses people since the laws the pertain to our work are spread out in various bits of laws all over the state."

Reply by Marian_in_CA on 6/13/09 7:59pm
Msg #292275

Re: Are you talking about DS-3053?

BTW, in this case you are notarizing the signature of the ABSENT parent, of course... not the one who will be submitting the application. This form is only used when one parent is unable to appear.

I get to do a LOT of these at the local county jail/INS detention center. These are cases where the one of the parents (usually the father) is likely illegal and waiting for an immigration hearing, but the child is a US citizen and needs a passport to travel. This has really increased with the new passport rules about traveling across the border.

Reply by Dan Dritz on 6/13/09 10:24pm
Msg #292277

Re: Are you talking about DS-3053?

Thank you all for your input. The form she had was a form for a minor to travel with her, saying she had guardianship. No where on the form did it look like a federal form. Strange. Anyway, i hope this is what she needs. I discribed each form of notation and she had me acknowledge the form. I hope that works for her. they are traveling to LA to get the passports tomorrow.

Reply by Marian_in_CA on 6/14/09 2:53am
Msg #292281

Ahhh, okay. That's different....

That's called a "Permission for Minor to Travel" form. And really... that can be as simple as a typewritten letter, but there are a ton of them available online. This is not a specific Federal form at all.

Although some countries may have their own required documents depending upon where they go. Brazil is one of those countries. They require that the notarized permission letter be taken to a Brazilian consulate to be authenticated... and then translated in to Portuguese before it can be used for travel. But since Brazil is not a party to the Hague convention... authentication can take FOREVER because the letter has to go from the Apostille at the state level and sent to Washington DC. It's a long chain of authentications that you have to go through before the consulate will authenticate it.

Traveling to Brazil is always fun. About 12-13 years ago it took...goodness... 6-7 months for me to get a Temp7 visa. I had to give them all kinds of things, including a resume!