The travel of minor nationals is regulated by Decree-Law No. 138/2006, of July 26 (Article 23 of the Passport Law) and Law No. 23/2007 of July 4 (Article 31 of the Foreigners Law), with amendments introduced by Law No. 29/2012, of August 9.
According to the legislation in force in Portugal, minor nationals and minor foreign residents in Portugal, when not accompanied by both parents, may only enter and exit the territory of residence by presenting authorization for the purpose, issued by the person exercising parental responsibility, legally certified.
Since the exit authorization is required, attention must be paid, in terms of border control, to travels between Schengen Agreement member states so that the rules established in the Agreement are applied.
The authorization should be in writing, dated, and signed by the person exercising parental responsibility, granting third parties, duly identified, the power of accompaniment.
The written authorization, duly signed, must be legally recognized (by a lawyer, for example) at the Consular Post of the respective area of residence.
Necessary Documents:
- Valid Citizen Card/Identity Card of the person exercising parental power, guardianship, or curatorship;
- Proof of the exercise of parental responsibility, guardianship, or curatorship, if applicable.
Validity of the Declaration – The authorization can be used indefinitely, within the validity period mentioned in the document, which, however, cannot exceed one civil year. If no other period is mentioned, the authorization is valid for six months from the respective date.
It is important to note that there is no European legislation on this matter, so each EU country is free to decide whether or not to require such documents. It is advisable to verify, before the minor’s travel, the requirements of the country of origin or destination.
In fact, even if some countries do not require minors to have a specific authorization to enter or exit their territory, such authorization may be necessary in transit countries.
In case of air travel, it is also advisable to seek clarification from the airlines in advance, as many require an authorization and have their own form for the purpose.
WARNING: Since the rules applied by each country may change without prior notice, it is advisable to check with the competent authorities or the respective embassies or consulates.
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