Ito yung apprehension ko eh, travelling to another country with Xavy considering he is a minor and an illegitimate. I’ve heard stories about how a consent from both parents is required if only one of the parent is travelling with the minor. Basically Xavy is legally considered illegitimate since his Dad and I are not married. Although his last name is his Dad’s because he did sign the paternity section, he is still considered illegitimate. Now because of all the child abduction and trafficking that’s happening in the country, all minors travelling out of the country regardless if illegitimate or not, they need a travel clearance issued by the Department of Social Welfare and Development (DSWD). But there are exemptions as well.
I’m going to skip right through the part where Xavy is affected. He falls under the Children of Special Circumstances – Illegitimate children. The Family Code of the Philippines vests the mother with the parental authority over an illegitimate child (Article 176).
- If travelling with the mother, a DSWD travel clearance is not required.
- If travelling with a person other than the mother, a DSWD travel clearance is required.
- If travelling with the biological father, a DSWD travel clearance is required. However, if a Court Order has granted parental authority to the father, a DSWD travel clearance is not required.
- If travelling with an adult other than the mother, a DSWD travel clearance is required.
I was so worried when I filled for our Australian visa because one of the supporting documents indicated that there should be a statutory declaration from both parents giving consent for the child to visit Australia on the visa requested. I had a solo parent ID but I honestly forgot to attach it. Check out our blog post on how to get a solo parent ID. Thankfully it got approved even without those documents. Check out our blog post on how to apply for an Australian visitor visa online.
So for other minors, here’s what you need to remember.
MINORS EXEMPTED FROM SECURING A TRAVEL CLEARANCE
The only exemptions to the DSWD travel clearance are minor children who are:
- travelling with either parent
- travelling with the legal guardian
- immigrants to another country and are holding a valid permanent residency card, dependents visa, or other pass issued by another country which proves residency with parents abroad. A minor who holds a permanent residency card of another country, or a valid pass such as dependents visa/pass/identification or permanent resident visa/pass/identification card is no longer required to secure travel clearance from DSWD
- not a Filipino citizen and are holding a foreign passport
A minor who is a Filipino citizen and living abroad but does not hold either a permanent resident visa or equivalent pass issued by another country is required to secure a travel clearance.
DSWD REQUIREMENTS FOR A TRAVEL CLEARANCE
The application for travel clearance and its documentary requirements are filed at any DSWD Field Office. The application form is available at all DSWD Field Offices and downloadable from DSWD website. The documentary requirements vary depending on whether the child is travelling alone or travelling with an adult other than a parent or legal guardian
- For minors travelling alone to a foreign country for the first time
- Duly accomplished DSWD Travel Clearance application form
- Photocopy of either Birth Certificate or passport of the minor
- Written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country
- Proof of the consenting parent’s relation to the child, in one of the following forms:
- (married parents) a photocopy of the marriage certificate of the minor’s parents
- (legal guardian) a photocopy of the certificate of legal guardianship of the minor,
- (solo parent) a photocopy of the solo parent identification card from the Municipal Social Welfare and Development Office, a Local Social Welfare and Development Office, Tallaq or Faskh certification from the Shariah court or any Muslim Barangay or religious leader
- (if child is illegitimate) a Certificate of No Marriage (CENOMAR) issued by the National Statistics Office (NSO)
- (if parents are deceased) a photocopy of the death certificate
- Two colored passport size photos of the minor taken within the last six (6) months
- The DSWD social worker may require additional documentary requirements during the assessment of the Travel Clearance application to make sure that no child shall be trafficked and that the child’s best interest and welfare is ensured.
- For minors travelling for the first time with a person other than the parents or legal guardian
- Duly accomplished DSWD Travel Clearance application form
- A photocopy of the birth certificate of minor
- A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel to a foreign country with a specific person other than them
- As appropriate, a photocopy of the marriage certificate of the minor’s parents or a certificate of legal guardianship of the minor or in the case of solo parents, a solo parent identification card from the Municipal Social Welfare and Development Office or a certification from the Local Social Welfare and Development Office of being a solo parent or a court decree of separation, annulment or divorce, or Tallaq or Fasakh certification from the Shariah court or any muslim barangay or religious leader or in the case of an illegitimate minor, a certificate of no marriage (CENOMAR) *from the National Statistics Office or in the case of a deceased parent, a photocopy of the death certificate
- Two colored passport photos of the minor taken within the last 6 months.
- Photocopy of the passport of the travelling companion
- For minor illegitimate children travelling abroad with the biological father
A minor illegitimate child who is travelling abroad accompanied by the biological father is required to secure a travel clearance certificate as parental authority is vested only to the mother of the child, per Article 176 of the Family Code of the Philippines.
VALIDITY OF A DSWD TRAVEL CLEARANCE
A DSWD travel clearance is valid for a period of one (1) year from the date of issuance and shall be valid for multiple travels within the validity period, provided the conditions under which the travel clearance was issued have not changed. If a change in condition occurs like a change in travelling companion, a new travel clearance must be obtained.
OTHER CHILDREN OF SPECIAL CIRCUMSTANCES
- Orphaned minors who have no appointed legal guardian
The grandparents (paternal or maternal) who exercise parental authority over an orphaned minor may issue the consent even without guardianship order from the Court. But in cases where both the grandparents are deceased, the relatives or acting guardians of the minor should work for their legal guardianship over the minor.
- Minors whose parents have marital conflict and on hold order
A minor who is the subject of ongoing custody battle between parents will not be issued a travel clearance unless a Court Order is issued to allow the child to travel abroad with either parent or authorized guardian.
A child whose name is included in the Bureau of Immigration’s watchlist of minors travelling abroad will be prevented from leaving the country.
ELECTRONIC OR FAX TRANSMISSION OF PARENTAL CONSENT
A faxed copy is acceptable. Likewise, a computer generated photo of minors and emailed documents are acceptable.
Kindly contact any DSWD Field Office for inquiries.