Entry and Exit of Minors in/from the Argentine Republic
IMPORTANT INNOVATION:
Please note that with effect from January 1st, 2010, the Civil Code relevant to the age of majority has changed. In fact, eighteenth birthday is the day one becomes of age.
By virtue of this amendment, it is necessary to have an authorization (called "Venia de Viaje") only for the Argentineans who are not yet 18 and have to leave the Country without being accompanied by both parents.
ENTRY AND EXIT OF MINORS IN AND FROM THE ARGENTINE REPUBLIC
MINORS
(People under 18 according to the National Law)
They have to GO OUT of the Country with the hereunder detailed document list:
1. TRIPS FOR MINOR/S TRAVELLING ALONE OR ACCOMPANIED BY A PARENT:
- Permit/Travel Authorization of the absent parent. This permit has to be made before a Notary Public and to be legalized before the Chamber of Notaries of this town or, optionally, before the justice in civil judicial department in your area
- Act of Birth, or Marriage Certificate in order to prove Filiation (in original). - Valid travel document
2. MINOR/S TRAVELLING WITH BOTH PARENTS:
- Act of Birth, or Marriage Certificate in order to prove Filiation (in original) - Valid travel document
3. MINOR/S TRAVELLING WITHOUT PARENTS
3.1.) MINOR/S TRAVELLING ALONE:
- Valid travel document. - Permit/Travel Authorization of both parents. This permit is made before a Judicial Authority, a Notary Public or other appropriate public authority (IN ORIGINAL) and the following requirements have to be realized:
From 0 to 13-year-old: The parents' authorization must include the Country of destination and data of the person who will house him/her (name, surname, kind and number of document and domicile)
From 14 to 17-year-old: The parents' authorization must include the Country of destination.
3.2.) MINORS TRAVELLING ACCOMPANIED BY A THIRD PERSON WHO HAS REACHED THE AGE OF LEGAL MAJORITY, AND WHO IS NOT ONE OF HIS/HER PARENTS:
- Valid travel document - Permit/Travel Authorization of both parents. This permit is made before a Judicial Authority, a Notary Public or other appropriate public authority (IN ORIGINAL) and the following requirements have to be realized:
From 0 to 17-year-old: The parents' authorization must include the Country of destination and all data of the person who will accompany him/her (name, surname, kind and number of document and domicile).
4. MINOR CHILD OF MINOR PARENTS:
Minors, children of unemancipated minors.
According to Rule n° 00598, dated March 10th, 2008, here are the detailed procedure to be followed by the supervisory authority and the documentation required for minors who are children of minor parents.
1) In the case of a minor leaving the Country, whose parents are in turn minor, it will be necessary in all cases to have court approval, of course in spite one of them has reached the age of majority or emancipation, until the disability ceases for both (all this in accordance with Article 264 bis of the Civil Code, which provides protection for minor children of minors, in accordance with Article 432 of the same body of law).
2) In the case of a minor leaving the Country, when only one of the parents is of age, and he/she travels with the minor, court approval is required, if confronted with the impossibility to give his/her consent (for his/her inability), in which the underage parent comes up (Art. 264 quarter of the Civil Code stating that it is necessary to have explicit consent by both parents, among other cases, to allow him/het to leave the Republic. In any case, if one of the parents does not give his/her consent, or is unable to give it, the judge will decide what is better in the family interest.
3) In case it is a minor to exit the Country, when one of his/her parents is of age, and in case it is the minor parent to travel with the minor, it is necessary to have travel authorization given by the parent of age, and the relevant legal authorization, in order to make up for the minor parent's impossibility.
4) In case it is a minor to exit the Country, when only one of his/her parents is of age, and a third party travels with the minor, it will be necessary to have both the authorization given by the parent of age and the relevant legal authorization, in order to make up for the minor parent's impossibility.
NOTWITHSTANDING ALL OF THE ABOVE, PLEASE TAKE NOTE THAT IF MINOR PARENTS GET MARRIED, THEY BECOME AUTOMATICALLY EMANCIPATED, THUS HAVING FULL AND LEGAL CAPACITY TO AUTHORIZE THEIR CHILD TO LEAVE THE COUNTRY.
(source: http://www.migraciones.gov.ar/accesible/?menores)
ENTRY AND EXIT OF FOREIGN MINORS
Please note that ALL foreign minors under 14 years of age, of any nationality, NEED a permit (Venia de Viaje) as long as one of following circumstances takes place:
- They DO NOT travel accompanied by their parents.
- They ARE NOT waited for in the Argentine Republic by the person/s wielding parental authority.
Requirements to carry out these authorizations/ Venias de Viaje are the following:
OF THE PARENTS:
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D.N.I. (in the absence of it: passport)
OF THE MINOR:
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Birth Certificate, legalized with "Apostille of the Hague Convention of October 5th, 1961”. Departamento de Legalizaciones – Ministerio de Relaciones Exteriores - Arenales 819, First Floor - City of Buenos Aires
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Photocopy of the D.N.I.
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Photocopy of the document of the person who will accompany the minor or give him/her accommodation.
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In case, and if needed, please produce Death Certificate, Court order of adoption and/or exclusive exercise of the parental authority.
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Make an appointment by calling this number: 02-77729435, from Monday to Friday, from 8.30 a.m. to 3.50 p.m.
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Payment of the relevant fee
Delivery of the documents: within the day
Important: Please take note that in the Argentine Republic Parental Authority is equally shared, and for this reason father and mother's authorization is obligatory, even in the case of a divorce.