TL;DR Answer:
Perform a Jurat Notarization and attach the separate Jurat certificate to the form. Do not complete the Notary section on the form, ignore or write see attached at the bottom. Follow all other instructions on the form including only using black ink. The Affiant will provide the photocopy of the identification presented to you and must match the ID you used for satisfactory evidence. All three items will be stapled together: form, ID photo copy, and loose certificate.
Link to Form:
eforms.state.gov/Forms/ds3053.pdf
Link to Jurat CA Certificate:
notary.cdn.sos.ca.gov/forms/notary-jurat.pdf
Long Answer and explanation:
I have seen this question posted several times a year in various Notary forums. It always elicits various responses from Notaries attempting to be helpful but unintentionally spreading misinformation.
Before we even jump into this form, I wanted to address the most common falsification associated with federal forms. There’s a notion that, “It is a federal form so it does not need an attachment.”
As California Notaries, it is important to know where our authority comes from and which rules to follow. We are appointed by the California Secretary of State, duty bound to perform specific functions so that the general public can complete personal and business transactions.
The only rules and regulations we follow are that of California law which is distributed to Notary’s through the SOS CA Notary Handbook and the NOTARY PUBLIC DISCIPLINARY GUIDELINES. So whenever you see someone make a claim or suggestion, ask them to cite their source. If they state, “Oh, that’s how I always do it” or “My friend told me.” Those are not the regulating bodies that govern your duties and authority.
There is no provision in CA Notary law that allows for exceptions to any rules in regards to Federal documents.
The Document:
This form is being used by a parent who is requesting a passport for a minor while the other parent is not present.
Keep in mind the document and its function is not too much of a concern for us as CA Notaries, we are only concerned with its completeness and that it is not known to us to be fraudulent.
The Notarization:
In section 6, the confusion and controversy begins.
Excerpt page 2: STATEMENT OF CONSENT: ISSUANCE OF A U.S. PASSPORT TO A CHILD
What type of Notarization is it?
This is going to be a Jurat Notarization because of these three pieces of information:
“Stop, You must sign this document in front of a notary” we know that the jurat is the only type of CA notarization that requires the signer to sign in front of a Notary.
“OATH: I declare under penalty of perjury that all statements made in this supporting document are true and correct.” If a signer is swearing or affirming to the contents of a document, then a Jurat is necessary.
Please note, Notaries do not decide which type of notarization is required for documents they notarize. If a Notary is presented with a document that appears to require an oath or affirmation but appears with a CA compliant Acknowledgment, we must complete the notarization as requested. It is not our job to determine what type of Notarization a document needs. If it is already present or requested, then that’s the one we complete. In the case of this federal form non-compliant Jurat wording is presented.
The signer is referred to as an Affiant.
Affiant definition: a person who swears to an affidavit.
Affidavit definition: a written statement confirmed by oath or affirmation, for use as evidence in court.
Jurrat Specific Considerations:
Jurat Notarizations taken in California will always be the California statutory language including the disclaimer box above it.
Because the affiant signs in front of the Notary, the Notarization date and signature date will always match.
Always use Satisfactory evidence to identify the affiant.
We hope this article was helpful. Please feel free to contact us with any questions and maybe we will write an article about your question! Email info@npsnotary.com