AUTHORIZATION FOR CHILD'S GRADUATION

AUTHOR: ARJUN VAISHNAV

Provision 3328/2015 amends Provision 2656/2011, both of the National Directorate of Migration.

The new provision establishes that people under eighteen years of Argentine nationality or foreigners with permanent, temporary or precarious residence in the country, or who have remained in the national territory for a period of one year or more from the country, need authorization to leave the country. your last income.

The authorization will be tacit when the minor leaves in the company of the person or persons exercising parental responsibility (Article 3); that is, when the minor leaves with both parents, or with only one of them, whenever he proves that he exercises parental responsibility exclusively, either because the other parent was suspended in his exercise or was deprived of parental responsibility, or it would have been extinguished in relation to that one; or when the parent who leaves with the minor is the only one that appears in the item, birth certificate or certificate (article 4).

The link must be certified with a marriage certificate with the birth certificate or birth certificate or birth certificate or birth certificate or nationality or passport certificate, legal adoption testimony or other public instrument that fully believes the bond invoked. In the event that one of the parents has died, his or her death will be proven with the relevant death certificate (Article 5 and 9).

When one or both parents are minors, in addition to the aforementioned requirements, the authorization of the adolescent parent, whether married or not, must be supplemented with the consent of any of their own parents or with judicial consent. The consent of the parent of the parent may be tacit if they all graduate together or express with the formalities required for express authorization in general (Article 6).

The express authorization is granted by one or both parents in instrumental form prior to the child's release (Article 7).

The authorization will be granted by both parents when the minor is authorized to graduate only; when the minor leaves with one or more third parties whose data must be accurately recorded; or when the parents authorize each other. Affiliation must be proven according to what has been expressed (article 8, section a).

The authorization will be granted by one of the parents when it is exercised exclusively, by death of the other parent, or because it has been deprived or suspended in its exercise; or when the authorizing party is the only parent who has recognized the minor and thus arises from the respective instruments that accredit the link (Article 8 b).

The express authorization may be granted before a notary public, whose signature must be legalized by the Association of Notaries competent in its jurisdiction (Article 10 a). Consular legalization or Apostille of The Hague is not required because the article requires it exclusively for cases where the authorization is granted abroad.

The express authorization must contain the explicit indication that the authorizing author (s) are the child's parents, in accordance with the reliable documentation that has been in evidence.

The express authorization granted by the adolescent parents must be complemented with the consent of any of their own parents (in the same instrument or in a separate instrument) or otherwise with judicial consent.

In accordance with the will of the parents, the authorization may be broad, authorizing the minor to travel alone to all the countries of the world until he reaches the age of majority or is restricted in relation to the validity, destination or companion (art.11). There are no distinctions regarding the age of the minor authorized to leave the country, so the regulations will apply to all minors without distinction.

The consent of the adolescent child, according to what is established in the last paragraph of article 645 of the Civil and Commercial Code, shall be considered as having been made voluntarily before the authority responsible for immigration control at the time of graduation (Article 14).