I am going to travel during the Easter holidays, abroad with my minor children, do I need any special authorization?

With the arrival of the Easter holidays, many parents take the opportunity to travel abroad with their children.

However, it is important to be aware of which documents are necessary to ensure everything goes as planned.

The departure of children abroad, when not accompanied by one or both parents, is regulated by Article 23 of Decree-Law 138/2006 of July 26 (re-published in Annex to Decree-Law No. 19/2018 of March 14) and Article 31 of Law 23/2007 of July 4 (re-published in Annex to Law No. 102/2017 of August 28).

According to the current legislation, national children (or foreign nationals legally residing in Portugal who intend to leave the country) must present an exit authorization issued by those exercising parental responsibilities, legally certified (notably by a lawyer).

Thus, a minor, of Portuguese nationality, who intends to leave the country must be accompanied by an exit authorization, signed by the person exercising parental authority.

The exit authorization must be in a written document, dated, and signed by the person exercising parental responsibility, legally certified (notably by a lawyer).

This document must also identify the individuals who will accompany the child during the trip.

Possible scenarios are varied, and the rules differ depending on whether the minor is the child of married or divorced parents, or if they fall under more specific situations (such as the minor being adopted, in the process of adoption, or under guardianship).

– CHILD OF MARRIED PARENTS OR IN A COMMON-LAW UNION:

Typically, when a child travels abroad with only one of the parents, the parent accompanying the child believes they must be accompanied by a written authorization from the other.

However, it is important to clarify that this is not a legal requirement, as per Article 23 of Decree-Law No. 83/2000 of May 11, in the wording introduced by Decree-Law No. 138/2006 of July 26.

In practice, however, this written authorization ends up being necessary as airlines generally require such an authorization.

In this regard, the Porto Court of Appeal decided on October 11, 2017: "… if the airline requires an authorization from the mother beyond the law, the appellant should respond in the proper forum, which is certainly not the Family and Minors Court."

– CHILD OF DIVORCED, SEPARATED, OR UNMARRIED PARENTS:

In the case where the child's parents are not married, the authorization to leave the country must be provided by the parent to whom the child was entrusted and/or with whom the child habitually resides.

Currently, the regime typically adopted in the case of divorce is joint parental responsibility. In this case, the minor can leave the country with either parent, provided the other does not express opposition.

– CHILD WHO IS ORPHANED BY ONE OF THE PARENTS:

The exit authorization must be made by the surviving parent.

– CHILD WHO HAS FILIATION ESTABLISHED ONLY WITH ONE PARENT:

The exit authorization must be made by the parent with whom the filiation is established.

– CHILD ENTRUSTED TO A THIRD PARTY OR AN EDUCATIONAL OR ASSISTANCE ESTABLISHMENT:

In these cases, the exit authorization is the responsibility of the person to whom the court has assigned parental responsibilities.

– CHILD UNDER GUARDIANSHIP:

For minors under guardianship (whose parents are deceased, or incapacitated from exercising parental responsibility, or have been unable to exercise parental responsibility for more than six months or are unknown), the exit authorization must be issued by the guardian appointed by the Juvenile Court.

If no one is qualified to exercise guardianship, the child may be entrusted to an educational or assistance establishment, either public or private, in which case the director of the establishment must sign the exit authorization.

– ADOPTED CHILD OR IN THE PROCESS OF ADOPTION:

The exit authorization for this minor requires the consent of the adopter(s) if they are married.

– EMANCIPATED MINOR:

In the case of an emancipated minor (through marriage or by decision of the parents, acquiring full legal capacity and being entitled to manage their own affairs), an exit authorization is no longer necessary. It is enough to present the marriage certificate or birth certificate.