NOTES ON TRAVEL PERMITS FOR CHILDREN IN ARGENTINA
In order to prevent international child abduction, the Argentine National Immigration Department [Direccion Nacional de Migraciones (DNM)] has adopted a new regulation (Regulation 31.100/05), which changes the requirements for the issuance of Travel Permits.
The Regulation contains Rules taken to avoid exploitation, abuse, kidnapping and traffic of minors, ensuring an Integral and Effective Protection of the Minors. It requires that, unless both parents are accompanying a minor, the accompanying person must possess a Travel Permit for the child.
Basically, the applicant for a travel permit must produce clear evidence, such as civil birth certificates or a court order, that either or both of the child's parents, or a legal guardian, have legal responsibility for the minor child.
Adults who are not the parent or legal guardian of a minor child, and who are accompanying a child during a trip and/or after arrival to the destination country, must be included on the child's Travel Permit.
Parents, legal guardians and unrelated adults must supply their full legal names, Argentine National ID# (if applicable), current residential address and passport information on the child's Travel Permit.
All travel permits for any minor child under the age of 18 must state the child's final country of destination, and any countries where the child will transit during the flight.
Permits must set forth the name and contact information of the person meeting the child at the destination port (if different from the accompanying adult's information and if the child is under 15).
In addition, if a minor child under age 6 is traveling alone or with a single parent, or an adult other than both parents, the Travel Permit must be registered with the DNM's Migratory Control Office (Direccion de Control Migratorio) prior to departure from Argentina and upon re-entry into Argentina.
To apply for a Travel Permit for a minor child, the parent or guardian must complete and execute a Travel Permit application in the presence of an Argentinean notary public or judge, who will request the necessary documentation and information. A parent or guardian and child who is not physically present in Argentina and who needs a Travel Permit to return to Argentina, may contact the nearest Argentinean consulate so as to have the Travel Permit completed and executed there.
Since a Travel Permit is considered an official public document, a parent or guardian of a minor child should secure a Public Deed (Escritura Publica) issued by an Argentinean notary public which should be certified by the Argentinean Notary Public Association (Colegio de Escribanos) in order for the Travel Permit to be valid. If a judge in Argentina executes a Travel Permit, a formal proceeding is required, during which the parent or guardian should present a formal request (Pedido/Presentacion Judicial) so that the Judge can issue a formal Disposition (Resolucion Judicial) for the Travel Permit to be valid.
Regulation 33.341/05 was enacted on August 23, 2005. It provides that Travel Permits issued prior to August 1, 2005 will remain valid until March 31st, 2006, after which new Travel Permits must be secured in accordance with Regulation 31.100/05.