Travel Authorization for Minors

The travel authorisation for minors allows children under the age of majority to travel abroad without the need to be accompanied by their parents or guardians. It constitutes a form of social protection in Spain.

The circumstances in which these trips may occur can be varied, such as accompanying a relative on a trip, spending a few days of holiday with part of the family living abroad, end-of-course trips or, even, in the case of parents living in different countries, temporarily visiting one of them.

The travel authorisation for minors allows verification that the trip is carried out in a supervised and controlled manner by those responsible for the minor, avoiding misunderstandings about crimes, the main ones being kidnapping or human trafficking. In this regard, international and European Community agreements, together with the State Security Forces and Corps, ensure consent for the transfer.

This resource is regulated by European Union Regulation 2016/399 of 9 March 2016, Organic Law 1/1996, of 15 January, on the Legal Protection of Minors, and Law 4/2015, of 30 March, on the protection of citizen security. As for notarial action, it is governed by the general regulations for the actions of Notaries, especially by the Notaries Law and the Notarial Regulation.

To travel outside Spain and within the European Union (European Economic Area and Swiss Confederation) the minor must always carry their identification (DNI or Passport) and the travel permission document. In the case of travelling to other countries, the document must be apostilled, and, when it is to be used in a country whose language is not Spanish, translated.

Although this authorisation will not always be requested, there are situations in which a travel permit for minors must be obtained obligatorily. This includes the movement of a minor with Spanish nationality and resident in the State, when travelling outside the national territory:

• When travelling accompanied by only one of the parents
• If travelling alone
• When travelling accompanied by a relative who is neither their parent nor legal guardian

It is important to include, in addition to the travel authorisation, another authorisation so that the person responsible for the minor can process documents on their behalf, such as visas, travel tickets or the passport in case of loss or misplacement.

When a minor child travels with only one of the parents, as parental authority belongs to both parents, it should be taken into account that, according to the law, the country being visited may require authorisation signed by the parent who is not accompanying the minor child. In other cases, in order to control and prevent the abduction of minors by one of their parents, this authorisation may also be required to leave the country. For this reason, it is common for a parent to draw up a travel authorisation deed for minors travelling abroad when going on holiday to the country of origin with their father or mother.

Likewise, there is the possibility of travel for a foreign minor residing in Spain. In this situation, it is advisable to present oneself at the Consulate of the corresponding country and complete the necessary documentation according to the applicable legislation.

The procedure for the permit can be processed at the Mossos d’Esquadra police station, the National Police, or at a notary office in Barcelona, such as JLA Notarios.

Thus, in case of urgency or a backlog in appointment requests, which is relatively common, a travel permit for minors can also be processed at a Notary with the same validity. The travel authorisation deed for the minor is a notarial document valid before the authorities and with international recognition. For this, book an appointment for travel authorisation. It will be the fastest option to obtain the permit, as well as offering greater guarantees and security.

On the chosen day, it will be important that both parents (or the parent who will not be travelling with the minor if the trip is with only one parent) attend for the signing of the deed. Documents will be verified and parents or guardians identified, with those present signing the record. The deed is certified under notarial public faith and, if necessary, may authorise the person accompanying your child, in case procedures such as duplicates of lost documents or medical consents need to be carried out.

Additionally, you should know that at JLA Notarios we offer a comprehensive service for documents signed at our notary office in Barcelona, so if you need and consider it appropriate, we can take care of obtaining the apostille for your travel authorisation.

For the preparation of the deed, the following documentation must be provided:

• Valid identification documents of the parents giving the authorisation
• Family Book, Birth Certificate of the Minor or a document proving parental authority

Additionally, in certain cases other types of documents may be required, such as death certificates of the deceased parent, certificate of existence of a legal guardian, or the original testimony of the ruling that the parent is deprived of parental authority. There are also circumstances in which the parents each reside in a different country and, therefore, a power of attorney must be granted to carry out the procedure.

The deed will identify the minor's parents and the minor, the travel dates along with its purpose, and the place of departure and arrival. Additionally, it is important, for added security, to include the means of transport, the person accompanying the minor, and those who will be responsible for them while they are abroad, along with their identification and address.

It is also possible, given the continuous travel of a minor, to create a generic deed that serves for multiple trips. This often occurs with minors who participate in sports competitions abroad.

The Notary who processes the authorisation of travel for minors will provide an authentic copy of the deed, which must be shown to the border control officers, whether by air, land, or sea. Additionally, this deed will be electronically sent from the notary's office to the security forces to facilitate the authentication of the document or the verification of a possible revocation at the time it is presented during travel.

According to current legislation, an apostille is required on documents that are to be used outside the European Union. Therefore, in principle, it is necessary for minors' travel outside the EU.

You should know that at JLA Notarios we strive to provide a comprehensive service when processing travel authorisation, so we can manage the obtaining of an apostille on a travel authorisation signed at our notary office in Barcelona on your behalf.