In the Philippines, the legal framework surrounding the travel of minors is designed with a primary focus on child protection, particularly to prevent child trafficking and exploitation. For illegitimate children, the requirements are specific and often misunderstood, as they hinge on the unique legal status of parental authority under the Family Code of the Philippines.
1. Legal Status and Parental Authority
Under Article 176 of the Family Code, as amended by Republic Act No. 9255, illegitimate children are under the sole parental authority of their mother. This remains true even if the father has legally recognized the child through an Affidavit of Admission of Paternity or if the child uses the father’s surname.
Because the mother has exclusive legal custody and authority by law, her presence or consent is the central factor in determining whether a travel clearance is required.
2. When is a DSWD Travel Clearance Needed?
A Travel Clearance is a document issued by the Department of Social Welfare and Development (DSWD) certifying that a minor is authorized to travel abroad for a specific purpose.
Case A: Traveling with the Mother
If an illegitimate child is traveling abroad with the mother, a DSWD Travel Clearance is NOT required. Since the mother holds sole parental authority, her presence is sufficient. However, the mother should carry the child’s Birth Certificate (PSA copy) to prove the filiation and her status as the mother.
Case B: Traveling with the Father
Even if the child uses the father's surname, the father does not automatically have legal custody. If the child is traveling with the father without the mother, a DSWD Travel Clearance is REQUIRED.
Case C: Traveling with Other Relatives or Alone
If the child is traveling with grandparents, aunts, uncles, or any third party, or if the child is traveling alone (unaccompanied minor), a DSWD Travel Clearance is REQUIRED.
3. Requirements for Application
To obtain a Travel Clearance for an illegitimate child, the applicant (usually the mother or a guardian) must submit the following to the nearest DSWD Field Office:
- Duly accomplished Application Form.
- PSA Birth Certificate of the minor.
- Affidavit of Consent executed by the mother, indicating the purpose of travel, destination, and the companion's identity (if applicable).
- Valid IDs of the mother and the traveling companion.
- Two (2) colored passport-size photos of the minor.
- Copy of the Passport of the traveling companion.
[!IMPORTANT] Since the child is illegitimate, the DSWD will specifically look for the mother’s signature. The father's consent is generally not required by the DSWD for illegitimate children unless there is a specific court order granting him joint custody.
4. Special Circumstances
The "Hold Departure Order" or "Watch List"
If there is a pending custody battle and a court has issued a Hold Departure Order (HDO), the child will not be allowed to leave even with a Travel Clearance or the mother’s presence, until the court lifts the order.
Mothers Working Abroad
If the mother is an OFW and cannot personally apply, she must execute an Affidavit of Consent and Support which must be authenticated or apostilled by the Philippine Embassy or Consulate in the country where she is working.
Minors who are Immigrants
Minors who hold a permanent resident visa (such as a Green Card) or those migrating to another country to join a parent are usually exempt from the Travel Clearance, provided they can present their immigrant visa or permanent resident card.
5. Summary Table: Requirement Quick-Check
| Traveler | Companion | DSWD Clearance Required? |
|---|---|---|
| Illegitimate Minor | Mother | No |
| Illegitimate Minor | Father | Yes |
| Illegitimate Minor | Grandparents / Relatives | Yes |
| Illegitimate Minor | Unaccompanied (Alone) | Yes |
6. Practical Tips for Travelers
- Check Validity: A DSWD Travel Clearance is typically valid for one (1) or two (2) years from the date of issuance, depending on the request, and can be used for multiple travels within that period.
- Processing Time: It usually takes 3 to 5 working days to process the clearance, provided all documents are complete.
- Airline Policies: Always check with the airline regarding their "Unaccompanied Minor" (UM) protocols, as these are separate from the DSWD legal requirements.