Consent for a Child’s Travel Abroad: Legal Framework, Procedure, and the Importance of Legal Support

Introduction

Traveling abroad with minors requires adherence to specific legal requirements to ensure their safety and protection. One of the key requirements in this process is a notarized consent declaration from the parents or guardians. Failure to comply with these requirements can result in refusal to cross borders and additional legal complications.

Legal Framework

According to Article 76, point 9 of the Bulgarian Personal Documents Act (BPDA), minors may leave the country only with written consent, certified by a notary, from their parents, guardians, or custodians. In cases of disagreement between the parents, the dispute is resolved under Article 127a of the Family Code, which allows the court to grant substitute consent if deemed in the child’s best interest.

When is a Consent Declaration Required?

1. Traveling with One Parent

   • If the child is traveling with only one parent, the other parent must provide notarized consent.

2. Traveling with a Companion

   • When the child is accompanied by a third party (e.g., a relative, teacher, or coach), both parents must provide notarized consent.

3. Unaccompanied Travel

   • If the child is traveling alone, notarized consent from both parents is required.

Contents of the Declaration

The declaration must include the following details:

1. Child’s Information

   • Full name, date and place of birth, personal identification number.

2. Parents’/Guardians’ Information

   • Full name, personal identification number, permanent address.

3. Companion’s Information (if applicable)

   • Full name, personal identification number, ID document number.

4. Travel Details

   • Destination, travel period, purpose of travel.

Notarization Procedure

1. Document Preparation

   • Parents must present their personal ID cards and the child’s birth certificate to verify their parental relationship.

2. Notarial Certification

   • The declaration is certified by a notary in Bulgaria.
   • If abroad, certification can be done at a Bulgarian consulate or by a foreign notary with an apostille, as per the Hague Apostille Convention.

Lack of Parental Agreement

In cases where one parent refuses to give consent, the matter can be resolved in court. According to Article 127a of the Family Code, the district court at the child’s current address has jurisdiction to decide. The court may issue substitute consent if it finds the travel to be in the child’s best interest. During the proceedings, the court may hear the child (if over 10 years old), the parents, and other relevant parties.

Legal Risks of Missing Consent

• Border Refusal: Border authorities will deny the child permission to leave the country without the required documents.
• Court Disputes: Non-compliance may lead to prolonged legal conflicts between parents.

The Importance of Legal Support

Consulting an experienced lawyer is essential for:

1. Drafting the Declaration

   • A lawyer ensures that the document complies with all legal requirements and is properly drafted.

2. Representation in Court Disputes

   • If substitute consent is required, the lawyer will represent you in court and advocate for the child’s best interests.

3. Guidance on International Requirements

   • Different countries have specific requirements for minor travel. A lawyer can provide information and prepare the necessary documentation.

Conclusion

Providing a notarized consent declaration is a crucial step in ensuring the safe and lawful travel of a child abroad. Compliance with legal requirements not only protects the child’s interests but also prevents potential legal disputes. Professional legal assistance is key to successfully completing this procedure.

For more information and legal support, contact “Legal Frame” – your trusted partner in family law.