When travelling abroad from the Dominican Republic, both foreigners and Dominicans with minor children encounter difficulties in the procedure established for those who must present a travel permit when travelling with minors. For quite a long time, immigration authorities have required this permit for both Dominicans and foreigners with minor children who came to the country either for vacation or short trips if they travelled back to their countries with a different person from the one with which they entered. Although the purpose of presenting the travel authorization has been to protect minors and prevent the kidnapping of children, the whole procedure of requesting a minor’s travel authorization is quite complex and inefficient since, in most cases, foreigners who visit the country for a short period do not have in hand the documents required by the immigrations authorities in order to prepare the travel permit, since all of them must be issued in the minor's country of origin (such as birth certificate, etc.).

What is a minor travel authorization? It is an authorization issued by Dominican immigration authorities which allows minor children to travel abroad with the consent of both parents or legal guardian, in the event they will be travelling with one parent or with a third person. In this sense, immigrations authorities must assure that the parent(s) who will not accompany the minor authorize(s) the same to travel with the minor.

Previously, the General Immigration Department, institution which regulates entries and departures in the Dominican Republic, required the minor travel authorization for both foreigners and Dominicans, however, since 2009, such institution issued a notification establishing that regardless of the time foreign minors have stayed in the country do not need to present a minor travel authorization when travelling abroad; they will only be obliged to pay the corresponding taxes depending on the date of their last entry into the country.

The above mentioned measure, however, does not include Dominican minors, having those the obligation of requesting the minor travel authorization before the General Immigration Department, everytime they travel with one parent or guardian.

Depending on the case, any of the following scenarios may arise, having to or not request a minor travel authorization for Dominican children:

• If the minor is travelling with both parents, the minor travel authorization will be not necessary.

• If the minor is traveling with one parent, the travel authorization of the parent who will stay in the country will be necessary.

• When there is a conflict between both parents, the interested must present a court decree issued by a competent court authorizing the minor’s travel.

• If the minor is not recognized by the father, the minor will be able to travel abroad with his mother, having the mother the obligation of presenting the original birth certificate to prove the relationship.

• If the minor is not recognized by his father and he/she will be travelling with someone other than the mother, her authorization will be required.

• If the minor's parents have deceased, the legal guardian or family counsel must sign the authorization.

• If one of the minor’s parent has deceased, the General Immigration Department will not require an authorization as long as the minor will travel with the other parent. The death certificate of the deceased parent must be presented.

• When one of the minor’s parents resides abroad, the parent who signed the authorization to travel, must also signed a sworn declaration before a Public Notary in presence of two witnesses. The same must be legalized before the General Attorney’s Office and must be deposited at the General Immigration Department.

• If the minor is travelling with a third person or alone, both parents must signed the authorization by means of a notarial act legalized by the General Attorney.

• If the minor travelling is adopted, the adoption decree must be presented and must be registered and legalized before the General Attorney’s Office, the Ministry of Foreign Affairs and the Consulate of the country of origin of both adoptive parents.

• If one of the adoptive parents has deceased, the live parent must present an original death certificate in addition to the general requirements.

• If one of the adoptive parents has deceased and the minor will travel with a third person, he/she must deposit before the General Immigration Department the original adoption decree and a notarized authorization signed by the adoptive parent.

It is important to mention that in addition to the authorization signed by one or both parents, depending on the case, all application for a minor travel authorization must have the following documents:

• Copy of the minor and the parent's passports;

• Copy of the minor and the parent's visa or residence;

• Original and copy of the minor’s birth certificate duly legalized;

• 2 front pictures 2x2 of the minor; and

• Copy of the parents' or person signing the authorization's Id card.

Once the application has been deposited in the General Immigration Department, the permit will be issued on the same day, if the applicant pays for VIP fees or in 48 hours for normal services.

Bibliography:
Law 136-03 of Minor’s Code
Law 285-04 of Migration
www.migracion.gov.do