Traveling abroad as a solo parent with a minor child can be an empowering experience, but from a legal standpoint in the Philippines, it requires meticulous preparation. To prevent child trafficking and ensure parental consent, the Department of Social Welfare and Development (DSWD) and the Bureau of Immigration (BI) enforce specific protocols.
Here is a comprehensive guide to the legal requirements and procedures for solo parents.
1. The Travel Clearance: Is it Always Required?
The most common point of confusion is whether a solo parent always needs a DSWD Travel Clearance. Under the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610) and the Solo Parents' Welfare Act (RA 8972), the rules are as follows:
- When it is NOT required: If the child is traveling with either the mother or the father, a DSWD Travel Clearance is generally not required, provided that the parent has legal custody or parental authority.
- When it IS required: If the minor is traveling alone or with a person other than the parents (e.g., an aunt, grandparent, or guardian), a Travel Clearance is mandatory.
Note on Illegitimate Children: In the Philippines, the law dictates that illegitimate children are under the sole parental authority of the mother. Therefore, if an illegitimate child travels with the mother, no clearance is needed. However, if they travel with the father, a DSWD clearance may be required unless there is a court order granting him custody.
2. Documentary Requirements for Solo Parents
Even if a Travel Clearance isn't required, you must still prove your relationship and authority to the Immigration Officer (IO). You should carry the following "Standard Kit":
| Document | Purpose |
|---|---|
| PSA Birth Certificate | To prove the filiation (relationship) between the parent and child. |
| PSA Death Certificate | If the other parent is deceased. |
| Solo Parent ID | Provides additional proof of your status under RA 8972. |
| Legal Custody Papers | If there is a court decree granting you sole custody (common in annulment cases). |
| Affidavit of Consent | If the other parent is not traveling but shares parental authority. |
3. The DSWD Travel Clearance Process
If you are sending your child abroad with a relative or if the child is traveling alone (for study or vacation), you must apply for the clearance at the DSWD Field Office nearest your residence.
Required Documents for the Application:
- Duly accomplished Application Form.
- PSA Birth Certificate of the minor.
- Affidavit of Support and Consent: Executed by the parents/parental authority, indicating the purpose of travel and the companion's details.
- Two (2) colored passport-size photos of the minor.
- Valid ID of the accompanying person.
- Unexpired Passport of the minor.
Validity:
A DSWD Travel Clearance is typically valid for one (1) to two (2) years from the date of issuance and can be used for multiple travels within that period, provided the conditions of the travel remain the same.
4. Bureau of Immigration (BI) Protocols
The Bureau of Immigration serves as the final gatekeeper. At the airport, the IO will perform a "Secondary Inspection" if they suspect any risk of trafficking or if the documentation is incomplete.
- Waiver of Exclusion Ground (WEG): If the minor is a foreign national (not holding a Philippine passport) under 15 years old and traveling without a parent, the parent must file a WEG with the BI and pay the corresponding fees (approx. ₱3,120).
- Off-loading Risks: To avoid being "off-loaded," ensure that your child’s passport is valid for at least six months and that you have a return ticket.
5. Summary Checklist for Solo Parents
- Check Filiation: Does the child’s Birth Certificate match your Passport name? (Important for mothers who have reverted to their maiden name).
- Check Parental Authority: If the father's name is on the birth certificate of a legitimate child, and you are separated, it is safer to have a notarized Affidavit of Consent from him.
- Prepare the "Green Folder": Keep all original PSA documents and photocopies in one accessible folder for the Immigration counter.
Important Legal Tip
If there is an existing Hold Departure Order (HDO) or a Watchlist Order due to an ongoing custody battle, the child will not be allowed to leave regardless of the documents provided. Always ensure all legal disputes regarding custody are settled or have a specific court order allowing the travel.
Would you like me to draft a template for an Affidavit of Consent and Support for your specific situation?