In the Philippines, the Department of Social Welfare and Development (DSWD) provides a critical safeguard for children traveling abroad through the Travel Clearance. This document is a primary mechanism to prevent child trafficking, illegal recruitment, and unauthorized removal of children from the country.
Understanding how to navigate the application—specifically regarding a minor's legal birth status—is essential for a smooth process.
I. What is a DSWD Travel Clearance?
A Travel Clearance is a document issued by the DSWD certifying that a minor (a person under 18 years of age) is authorized to travel abroad for a specific purpose and duration, either alone or with a person other than their parents.
Who Needs It?
- A minor traveling alone.
- A minor traveling with someone other than their parents (e.g., aunt, grandparent, teacher).
- An illegitimate child traveling with the father (if the father does not have legal custody).
Who Does NOT Need It?
- A minor traveling with both parents.
- A minor traveling with a solo parent who holds a valid Solo Parent ID or a Certification from the DSWD.
- Minors who hold a foreign passport or are immigrants to another country (though specific airline rules may vary).
II. Choosing and Proving Legal Birth Status
The requirements for a Travel Clearance vary significantly based on the child's legal status as reflected in their PSA-issued Birth Certificate. Choosing the correct status during the application is vital for legal compliance.
1. Legitimate Status
A child is considered legitimate if they were born during the marriage of their parents.
- Proof Required: PSA Birth Certificate showing the date and place of marriage of the parents.
- Consent: Generally requires the written consent of either parent, but DSWD usually prefers the mother's consent if the child is traveling with a third party.
2. Illegitimate Status
A child is illegitimate if born outside of a valid marriage. Under Article 176 of the Family Code of the Philippines, illegitimate children are under the sole parental authority of the mother.
- Proof Required: PSA Birth Certificate where the "Date and Place of Marriage of Parents" section is blank or marked "N/A."
- Consent: Only the mother’s consent is legally required. Even if the father has "recognized" the child (signed the back of the birth certificate), he does not automatically gain parental authority unless a court grants it.
3. Legitimated Status
This applies to children born out of wedlock whose parents subsequently married.
- Proof Required: A PSA Birth Certificate with an annotation stating the child has been legitimated by the subsequent marriage of the parents.
4. Adopted Status
- Proof Required: An amended PSA Birth Certificate issued after the adoption decree becomes final. If the adoption is still in process, a Court Order or DSWD certification is necessary.
III. Documentary Requirements
To complete the application, the following documents are standard across most DSWD Field Offices:
| Document Category | Specific Requirements |
|---|---|
| Application Form | Duly accomplished and notarized application form. |
| Birth Record | PSA-issued Birth Certificate (Original and Photocopy). |
| Parental Consent | Notarized Affidavit of Consent and Support executed by the parent(s) in the Philippines. If the parent is abroad, this must be Apostilled or authenticated by the Philippine Embassy/Consulate. |
| Identification | Photocopy of the valid ID of the consenting parent and the traveling companion. |
| Minor's Photos | Two (2) colored passport-size photos of the minor taken within the last 6 months. |
| Travel Details | Photocopy of the minor’s and companion’s passports, and a copy of the flight itinerary. |
IV. The Application Process
- Preparation: Gather all documents based on the minor's legal status.
- Submission: Visit the nearest DSWD Field Office or apply through the DSWD e-Services portal (if available in your region).
- Assessment: A social worker may interview the minor or the companion to verify the purpose of the travel.
- Payment: Pay the processing fee (typically Php 300 for one-year validity or Php 600 for two-year validity).
- Issuance: If all documents are in order, the clearance is usually issued within 1 to 3 working days.
V. Key Legal Reminders
- Validity: A Travel Clearance is valid for one (1) or two (2) years from the date of issuance and can be used for multiple travels within that period, provided the conditions (companion, destination) remain the same.
- The "Mother’s Rule": For illegitimate children, the DSWD strictly follows the Family Code. If the mother is deceased, the maternal grandparents usually take precedence for consent, or a legal guardian must be appointed.
- No "Waiver" of Clearance: Airlines and Bureau of Immigration officers are strict. Lack of a required DSWD Travel Clearance will result in the minor being "offloaded" (prevented from boarding).
Important Note: In cases of legal disputes between parents over custody, a "Hold Departure Order" (HDO) or "Watchlist Order" may supersede a DSWD Travel Clearance. If there is an ongoing court case, consult with a legal professional before applying.
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