Notarizing for a Minor

A Colorado notary may notarize for a minor, if the same requirements are met as for any other signer.Colorado Notary Law

The signer must show satisfactory evidence of identification.  A government issued photo ID is required, such as a driver’s license, non-driver ID or passport.

Driver’s Permit or ID Card

Minors in Colorado may apply for a driver’s permit at age 15, and must be at least age 16 for a driver’s license.  Minor and adult non-drivers may apply for a Colorado ID card.

Passport

U.S. passports are issued to adults over age 16, or to minors under age 16.  There are different rules and fees for minors.

With all notarized documents, the signer must be aware of the nature and purpose of the document, and must be signing voluntarily.  The notary checks for awareness and willingness.

The minor can demonstrate awareness by explaining the purpose of the document.  If the minor does not appear to understand the nature and purpose of the document, the notary may refuse to notarize.

Children Under Age 10

CRS 13-90-106, Who may not testify, states that children under age 10 may not serve as witnesses if they appear incapable of receiving just impressions of the facts respecting which they are examined or of relating them truly.  Children under age 10 may be allowed to serve as witnesses in cases of child abuse or sexual abuse, if they appear able to understand and respond appropriately for their age.

Oath of Child

CRS 13-90-117.5, Oath or affirmation taken by a child, states that in lieu of an oath or affirmation, any child who testifies in any proceeding pursuant to section 13-90-106 (1) (b) (II) shall be asked the following: “Do you promise to tell the truth?“.  The court, in its discretion, may accept any indication of assent to this question by the child.

Age of Majority

Although a contract in Colorado is not legally binding on a minor under age 18, that is not a reason for a notary to refuse to notarize.

In Colorado, the age of majority is attained when a person is 18 years old.  At age 18, a person may enter into a legal binding contract, CRS 13-22-101(a).  The minimum age to make a will is age 18, CRS 15-11-501.

Make Note of Age of Minor

The minor should satisfactorily prove that he/she has the authority to sign. As a recommended best practice, have the minor print his/her age next to the signature so that information is readily available to anyone relying on the document.  Note the age of the minor in the notary journal.

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