I’ve been asked to complete a jurat on a passport application from India for a 5-year-old boy and to accept his thumbprint as his signature. How should I proceed? — T.R., California

Your question really has two parts: first, can you notarize for a minor? And second, can you accept the minor’s thumbprint as a signature? To the first part, you may notarize the signature of a minor provided the minor can comply with all the same requirements for notarization as an adult. To the second part, there has been some discussion of whether a thumbprint may constitute a signature. In a 2013 New York estate case, a fingerprint was accepted as a valid signature on a last will (Matter of Albert, N.Y.L.J., April 23, 2013 at 25 [Sur. Ct. Kings Co.]). But we do not know of a legal case in California that deals with this issue. Until it can be clarified in the law, we’d recommend that you not accept the minor’s thumbprint as his signature.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. — The Editors

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