Notarising Documents for a Child in Australia

When a document for a child needs notarising, it is usually the parents or legal guardians who sign it, not the child. Travel consents, passport consents for foreign passports, and school or residence forms abroad commonly need both parents' signatures before a notary. A court order can change who must sign.

Key takeaways

• Children generally cannot sign legal documents for themselves, so a parent or guardian signs on their behalf.
• Many overseas bodies want both parents' consent, each signed before a notary, for travel, passports and residence.
• If only one parent can sign, you may need a court order, a death certificate, or evidence of sole responsibility.
• The child may need to attend if the form asks the notary to confirm the child's identity or likeness.
• Copies of the child's birth certificate and passport are often needed too, certified by a notary for overseas use.

Who signs a document for a child?

A child, generally anyone under 18, cannot usually enter into legal documents in their own right, so documents that concern them are signed by the people with parental responsibility: usually both parents, or a guardian appointed by a court. When the document is going overseas, the foreign body will typically want the notary to confirm the identity of each parent who signs, and sometimes the identity of the child as well.

Some documents are signed by the child and a parent together, particularly for older children, such as school enrolment forms or some passport applications, and the foreign body's form will say so. Where the form is unclear, ask the foreign body or its local lawyer who must sign before booking the notary.

Why do overseas bodies want both parents?

International child abduction by a parent is a real concern for immigration and passport authorities, so many countries require evidence that both parents agree before a child travels, is issued a passport, or moves abroad. A consent signed by each parent before a notary gives the authority confidence that the consent is genuine and was given freely. Airlines and border officials in some countries also ask for travel consent letters when a child travels with only one parent or with neither.

If both parents can sign, they can attend the notary together or separately, each with their own identification. If one parent is overseas, they can usually sign before a notary where they live, and the two consents are then sent together. Our guide to travel consent for children covers the most common case.

What if only one parent can sign?

Sometimes only one parent can or will sign. The other parent may have died, may not be named on the birth certificate, may be uncontactable, or may refuse. The foreign body will then usually want evidence explaining why only one signature is given, such as a death certificate, a birth certificate showing only one parent, or an Australian court order giving one parent sole responsibility or specifically allowing travel or a passport.

Where the other parent refuses consent and there is no order, the answer is usually an application to an Australian family court, not a workaround. A notary cannot solve a disagreement between parents, and will not witness a consent from someone who does not have authority to give it. Speak to a family lawyer if you are in that situation, and allow time, because court applications are not quick.

Situation	Who usually signs	Evidence often asked for
Both parents available	Both parents	Each parent's photo ID
One parent overseas	Each before a notary where they are	Both consents sent together
One parent has died	The surviving parent	The death certificate
Only one parent on the birth certificate	That parent	The birth certificate
Court order for sole responsibility	The parent with the order	A sealed copy of the order
Legal guardian, not a parent	The guardian	The guardianship order

Does the child need to attend?

Often not, but sometimes yes. If the notary is only witnessing the parents' signatures on a consent, the child does not usually need to be there. If the form asks the notary to confirm the child's identity, to certify that a photograph is a true likeness of the child, or to witness the child's own signature, the child must attend. Some foreign passport forms, for example, require the child to be seen.

Read the form, and if it is unclear, ask the notary when you book. If the child needs to attend, bring their passport or birth certificate and any other identification the form lists. Our guide to the US passport consent form DS-3053 is one example of a form where the details matter.

What about the child's own documents?

Foreign bodies often want copies of the child's birth certificate and passport alongside the parents' consent, and sometimes the parents' marriage certificate or a court order. For overseas use, those copies are usually notarised, and the foreign body may want an original birth certificate apostilled by DFAT instead of a copy. An original Australian birth certificate issued by a state registry can generally be apostilled by DFAT directly, without a notary. Check what the foreign body asks for, and see our guide to a certified copy of a birth certificate.

What are the common documents for children?

The documents that come up most are travel consent letters for a child travelling abroad without one or both parents, consents for a child's foreign passport, applications to register a child's birth with another country, school enrolment forms abroad, residence or visa forms for a child moving overseas, and sometimes adoption and guardianship documents. Each has its own requirements, set by the country concerned. Our guides to registering a birth overseas and overseas school enrolment cover two of them.

Do documents for a child need an apostille?

If the foreign body asks for one, yes. The parents' consents are signed before an Australian notary, and DFAT then apostilles the notary's signature for countries in the Hague Apostille Convention, or authenticates it for others, followed by embassy legalisation. Check the destination's position on the HCCH status table. Some airlines and border officials only want a signed consent letter with copies of ID, not an apostille; follow the instructions for the specific purpose.

What about separated or divorced parents?

Separation or divorce does not usually change the fact that both parents share parental responsibility, unless a court has ordered otherwise. So separated parents are commonly both asked to consent to a child's travel, passport or move abroad. Where parents get on, each can sign before a notary, separately if they prefer. Where there are parenting orders, they may say who can consent to what, and a sealed copy should go with the consent. If the orders are silent or unclear on travel or passports, a family lawyer can advise before you apply.

What about older teenagers?

Older children, particularly those aged 16 or 17, are sometimes asked to sign forms themselves alongside a parent, for example school, university or passport forms in some countries. Whether a teenager can sign alone, and at what age, depends on the country and the document. If the form asks for the child's signature, the child must attend the notary in person with identification, and the notary will check they understand what they are signing, just as for an adult.

How do you prepare?

1. Read the foreign body's form and note who must sign and whether the child must attend.
2. Arrange both parents' signatures, together or separately, or gather the evidence for one parent signing alone.
3. Bring each parent's photo identification, and the child's passport and birth certificate.
4. Bring any court orders about parental responsibility, travel or guardianship.
5. Arrange a DFAT apostille and translation if the foreign body asks.

What does this look like in practice?

Here is an illustration, not a real case. Mia, aged nine, lives in Sydney with her mother, Anna. Mia's father lives in Germany. Anna is applying for Mia's Italian passport, and the Italian consulate wants both parents' consent.

Anna signs the consent before a notary in Sydney, bringing her passport and Mia's birth certificate. Mia's father signs the same consent before a notary in Germany. The consulate accepts both, because the form allowed each parent to sign separately before a notary where they live. Mia attends the consulate herself for the passport photo and fingerprints, as the consulate requires.

In short

Documents for a child are usually signed by the parents or guardians, not the child. Many overseas bodies want both parents' consent, each signed before a notary, and evidence if only one parent can sign. The child may need to attend if their identity must be confirmed. Bring each parent's ID, the child's documents and any court orders, and arrange a DFAT apostille if the foreign body asks.

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