Organization : Ministry of Interior
Type of Facility : Procedures for Enter & Exit of Minors
Country: Argentina
Website : http://www.migraciones.gov.ar/
Procedures for Enter & Exit of Minors:
Regulation NDM No. 2,656/11:
Regulation NDM No. 2,656/11 and its amendments No. 3,458/11 and No. 512/12 are the new rules that regulate the procedure for the enter and exit of minors of the country. Regulation NDM No. 2,656/11 is composed of TEN (10) Articles.
Related : Ministry of Interior Argentina Foreigner’s Passport : www.statusin.org/9636.html
Article 1° leaves without effect Resolution NDM No. 2,895/85 and its amendments and additional modifications (Regulations NDM No. 31,100/05 and No. 2,320/11).
Article 2° of Regulation NDM No. 2,656/11 approves the procedure for the entering and leaving of minors from and towards the National Territory (EXHIBIT I).
Article 3° ratifies the Deed of Delivery of Foreigners Minors Non Residents in the Argentina Republic (EXHIBIT II).
Article 4° approves the Deed of Delivery of Argentineans and/or Foreigners Minors Resident in the Argentina Republic (EXHIBIT III).
Article 5° confirms the Deed of Authorization of Exit of the country for minors (EXHIBIT IV), which will be issued by the employees of this National Direction that are specially authorized for this purpose, upon payment of a relevant fee.
Article 6° sets the mentioned fee in the amount of FOUR HUNDRED FIFTY PESOS ($ 450), which will be regularly updated.
Article 7° establishes that the issue of the Deed of Authorization of Exit of Minors approves in Article 5° of this, will be limited to Border Crossings AER 001 “Ezeiza Airport”, PSC024 “Buenos Aires Port” and AER006 “Jorge Newbery Airport” (Text of Article 7° replaced by Article 1° of Regulation NDM No. 131/13 on 01/15/2013).
However, the Police of Tierra del Fuego Province, Antarctica and Islands of South Atlantic go on with the right of issuing authorizations for leaving of minors that live in its territory, by resolution of the Government, General Coordination and Justice Ministry No. 806/11 on 12/15/11, that approves the same Deed of Authorization of Exit that those of the NDM (EXHIBIT IV, Regulation No. 2,656/11) (Memorandum No. 1,478/11 – G.D.M.M.).
Regulation NDM No. 2,656/11 entered into force on December 1st, 2011 (Article 9°).
Following is the complete text of the EXHIBIT I of the Regulation NDM No. 2,656/11 which approves the Procedure For Leaving And Entering Of Minors.
Title I- Exit
Chapter I: General Principle
Section 1°: The people, who have not reached eighteen (18) years of age, need authorization to exit the country, being of Argentine nationality or foreigners who have a permanent, temporary or precarious residence in the ARGENTINA REPUBLIC.
Chapter II : Exceptions
Section 2°: No authorization is required to exit the country of those minors referred to in Section 1° in the following cases:
a) When they were emancipated by marriage contracted in the ARGENTINA REPUBLIC or abroad, even after they had divorced, legally separated , or in fact, or deceased the spouse, or the marriage were annulled in the case of the spouse in good faith:
The marriage must be proved by Book or Marriage Certificate or, failing that, with Certificate of Nationality, Passport, Identity Card or other document that proves identity and where it is stated the marital status referred.
b) In the case of argentine minors domiciled or with residence abroad, that fact must be proved by identity document or other public document stating that end.
c) Foreigners under EIGHTEEN (18) years, which have obtained the permanent, temporary or precarious residence in our country, when they have come of age in their country of origin or of previous residence:
The effective date of the foreign law that is intended to apply must be demonstrated, by a certificate issued by the diplomatic or consular representation of the respective country, proved in the ARGENTINA REPUBLIC or by any other document enough for this purpose.
The address abroad should be proved at the time to come of age, under the law invoked.
d) For any other form of emancipation which has been granted under the laws which apply, in this case emancipation will be proved by a public document.
e) Foreigners who have not reached EIGHTEEN (18) years and who also are transitional residents.
Chapter III: Licensors Of The Authorization To Leave The Country.
Section 3°: They must grant authorization for minors to leave the country, when such authorization was required:
a) The minor’s parents. Both parent filiations must be proved by Marriage Book with the birth stated on it, or Entry or Certificate or Register form of Birth or Nationality Certificate or Passport, Judicial Statement of adoption or other public document which gives full faith of the alleged link
“When in the National Identity Card of a person who has not reached the age of EIGHTEEN (18) YEARS appears the information of FATHER and MOTHER, that information must be accepted as a public instrument that gives full faith of the link invoked. For these reasons, if at the time a minor is leaving the National Territory, the same is accompanied by his/her parents and his/her NIC has stated such filiation (back part of the leaf of personal information and photograph of the holder) such information will be accepted for the purpose of confirming the link for the improvement of migratory movement “(Memorandum No. 421/12 G.D.M.M on 05/16/12).
In case that, the information of only one of the parent appears on the NIC, it must be submitted the birth certificate where it arises that the information that appears in the NIC is the same of that who recognized the child.
b) One of the parents, if the other had died or had been deprived of the parental authority (*) or suspended in his/her exercise, or if his/her apparent death had been declared legally. All should be proved by Marriage Book with the death stated, or the corresponding Death Certificate or respective Judicial Resolution.
(*) “Confinement and imprisonment for more than three (3) years … be of interest … the privation, as long as the punishment of parental authority rights last … “(Article 12 of the Criminal Code of Argentina Nation).
c) The parent whose filiations were stated on the Entry, Certificate or Register form of Birth, whether only one of them is stated on it. It is enough to prove it the submission of Entry, Certificate or Register form of Birth or other public document stating only paternal or maternal filiation of the minor as appropriate, appearing no other filiation.
“For these cases the Record of Birth, Birth Statement or Birth Certificate submitted for proving the link at the time of controlling the exit, must have a date of issuance of no more than six (6) months since the departure of the minor” (Second paragraph of subparagraph. C), annulled by Regulation NDM No. 3,458 / 11).
d) The foster father if there was no maternal adoptive filiation or the foster mother if there was no paternal adoptive filiation. It will be perfect to prove that there is only foster father or mother the Minor’s Birth Certificate, public document or in the case statement of the Judicial Resolution that granted the adoption where it is only stated the foster father or mother.
e) The competent judge by Judicial Resolution, which must be substantiated with proof or certification of the relevant resolution, or any other public document. This additional authorization is essential, among other cases, when:
1) the minor is under guardianship, conservatorship or custody.
2) the minor appears before the Judge, under judicial protection or under the custody of national or provincial institutions of minor protection.
3) there was no agreement between the parents regarding the authorization of the exit of the country of their minor child.
4) the minor was child of one or both parents under EIGHTEEN (18) years. In this case:
I – In the case of the exit of the country of a minor, whose parents are in turn children no emancipated, will be necessary in all cases have Judicial Authorization to make up for the inability of both to provide consent. In the event that later one of them have achieved the age of majority, the Judicial Authorization will be required from the parent whose disability has not yet ceased.
II – In the case only one of their parents is an adult, and this is who travel with the child, the appropriate Judicial Authorization will be required, in order to meet the inability of the parent minor.
III – When one parent is an adult, and who travel with the child is the parent minor, it will be required Travel Authorization granted by the adult parent and the relevant judicial authorization, to compensate for the inability of the parent minor.
IV – When only one of the parent is an adult and who travel with the child is a third party, it will be required the Authorization of the adult parent and judicial Authorization to fill the inability of the parent minor.