FAMILY MATTERS - Notarizations

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“In California, a notary public is not prohibited from notarizing for relatives or others, unless doing so would provide a direct financial or beneficial interest to the notary public. With California's community property law, care should be exercised if notarizing for a spouse or a domestic partner.”

Under California law, every signer must personally appear before you at the time of the notarization. This means that you and the signer must both be physically present, face to face in the same room, when the notarization takes place.

Notarizing your own documents is prohibited in all 50 states. This means that a notary cannot legally notarize their own documents. If a notary needs to have a document notarized, they will need to contact a commissioned, third-party notary public to carry out the transaction.

Notarization adds an official layer of verification in the adoption process. It serves several purposes:

• Verifies Signer Identity: The notary confirms the signers (birth parents, adoptive parents) are who they claim to be, reducing the risk of impersonation or fraud.
• Ensures Willingness: The notary witnesses the signing and ensures the individuals are signing willingly and under no duress.
• Strengthens Validity: A notarized signature adds weight to the documents, making them more difficult to challenge in the future.

Specific documents requiring notarization can vary by state. However, some common examples include:

• Consent to Adoption: This document formalizes the birth parents' relinquishment of their parental rights.
• Termination of Parental Rights: This document legally severs the birth parents' parental rights.
• Adoption Petition: This document officially initiates the adoption process in court.
• Home Study Approval: This document signifies a social worker's approval of the adoptive home environment.
• Other Supporting Documents: Depending on the case, additional documents like affidavits or medical records might require notarization.

There are two main reasons why parental consent for certain situations might be notarized:

• Verifying Identity and Consent: A notary public verifies the signers (parents/guardians) are who they say they are and that they're signing willingly without pressure. This helps deter fraud or situations where a parent might later claim they were coerced.
• Strengthening the Document: A notarized signature adds an official stamp, making the consent document more difficult to challenge in the future. This can be crucial when dealing with legal matters or sensitive situations involving a minor child.

• Travel: If a minor travels internationally or domestically without both parents, the accompanying adult might need a notarized consent form from the absent parent(s).
• Medical Treatment: For certain medical procedures, especially for minors who cannot consent themselves, a parent's notarized consent might be required.
• Financial Transactions: In some cases, involving a minor's finances (e.g., accessing a safety deposit box), a notarized parental consent form might be necessary.
• Leaving the Country: If a minor is leaving the country permanently with one parent, the other parent might need to provide notarized consent.
• Living Arrangements: In situations where a minor lives with someone other than their parents (e.g., grandparents, relatives), a notarized consent agreement might be needed.

• Prenuptial Agreement: While not mandatory in California, a prenuptial agreement outlining financial arrangements before marriage can be notarized for additional security. Consult with a family law attorney to determine if this is recommended in your case.
• Translated Documents: If any documents submitted during the marriage license application process are in a language other than English, they might require notarized translations.

• Caregiver's Authorization Affidavit: This form allows a relative to make educational and medical decisions for a child in California. While not mandatory, the affidavit can be notarized for added weight.
• Notarized Letter from Parents: Parents can write a notarized letter granting temporary caregiving authority.