Affidavit of consent
Family & estates
Use this page to prepare papers for a child travelling through a South African port of entry. Parental Consent Affidavit is an affidavit which must accompany a Birth Certificate or Equivalent Document when any parent is not travelling with his or her child. Choose the checklist row for both parents, one parent, an unaccompanied child, or an adult who is not the child’s biological parent. Then check the birth record and supporting papers before travel.
Prepare your affidavit
Do not sign before the commissioner of oaths. Review your statement and sign in their presence. This PDF is not signed or certified.
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How to use it
- Check whether the child travel rules apply A child for this guidance is a person younger than 18 years.
- Use the birth record to identify parents In South Africa, a Birth Certificate (BC) is an extract from the Birth Register containing the particulars of a minor and those of his or her parent or parents. Check which parents’ details appear on the record before choosing the travel arrangement.
- Check an Equivalent Document’s issuer Accepted forms include an official document from a relevant authority of a country, a foreign government or embassy letter, or a letter from the Director-General of Home Affairs. A child passport can show parent details. Recording the identity of the parents of a child shall be accepted in lieu of a Birth Certificate.
Document checklist
- Both parents travel with the child For each child travelling, prepare valid passports and a Birth Certificate (BC) or Equivalent Document for each child travelling.
- One parent travels with the child Prepare each child has to produce a valid passport, a BC or Equivalent Document for each travelling child and the Parental Consent Affidavit from the non-travelling parent whose details are recorded on the BC or Equivalent Document.
- The child travels alone (unaccompanied) Prepare a valid passport, a BC or Equivalent Document, parental Consent Affidavit, letter from the person who is to receive the child in the Republic containing such person’s residential and work address and full contact details in the Republic, and a copy of the identity document or valid passport and visa or permanent residence permit of the person who is to receive the minor in the Republic.
- The accompanying person is not a biological parent Prepare a valid passport, a BC or Equivalent Document and Parental Consent Affidavit or adoption order.
- Add supporting details for the affidavit When presenting a Parental Consent Affidavit, also prepare full contact details and copies of the identity documents or passports of the parents or legal guardian/s of the child.
- Check when the affidavit was made Check its date before travel. The affidavit must not be older than 6 months when presented.
Questions & answers
Does a parent’s marital status affect whose consent is needed?
The consent of parents recorded as such on the Birth Certificate or Equivalent Document shall be required regardless of the marital status of the parents of the child or children.
What applies when divorced parents share custody?
For divorced parents sharing custody, parental consent by both parents is required.
What if only one parent is recorded and that parent travels?
Where only one parent’s details appear on the birth record or equivalent document, no parental consent affidavit is required when that parent travels with the child.
What can you present if a parent refuses consent?
A court order in terms of section 18(5) of the Children’s Act, 2005 (Act No. 38 of 2005), may be presented in lieu of such parental consent.
Can a court order be presented instead of the affidavit?
In the absence of the affidavit, you may present a court order granting full parental responsibilities and rights or full legal guardianship of the child exclusively to the travelling parent.
Can a principal’s affidavit replace parental consent for a school tour?
For a school tour at a school registered with the Department of Basic Education or its equivalent abroad, the parental consent affidavit may be replaced with an affidavit from the school principal confirming that all consent letters are held by the school.
Does the incapacity dispensation cover a parent who will not consent or cannot be located after separation or divorce?
Does not apply where a parent is either unwilling to consent or unable to be located due to separation or divorce.
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