Meet Portugal

Departure of Minors from the Country

The departure from the country of Portuguese minors, as well as the entry and departure of foreign minors who are legal residents, is governed by Article 23 of Decree-Law No. 138/2006, of July 26 (republished as an annex to Decree-Law No. 19/2018 of March 14) and by Article 31 of Law No. 23/2007 of July 4 (republished as an annex to Law No. 102/2017 of August 28).

In accordance with the laws in effect in Portugal, minors who are Portuguese nationals and foreign minors legally residing in Portugal who intend to leave the country (meaning mainland Portugal, the Madeira Archipelago, and the Azores Archipelago) and are traveling unaccompanied by both parents must present a legally certified authorization to leave the country issued by the person exercising parental responsibility.

Since an exit authorization is required, please note that, with regard to border control, the rules set forth in the Schengen Agreement apply to travel between Schengen Member States.

The exit authorization must be in writing, dated, and bear the legally certified signature of the person exercising parental responsibility, and must also grant accompanying authority to duly identified third parties.

This authorization may be used an unlimited number of times within the validity period specified in the document, which, however, may not exceed one calendar year. If no other period is specified, the authorization is valid for six months from the date of issuance.

Within Portugal, the certification of signatures—in addition to being within the jurisdiction of notaries—is also within the jurisdiction of chambers of commerce and industry, registrars, registration officers, attorneys, and solicitors. Private documents drawn up outside Portugal and legalized by a foreign public official are considered legalized under Portuguese law provided that the public official’s signature is certified by a Portuguese diplomatic or consular officer in the respective country and that the signature of this officer is authenticated with the respective white consular seal.

Given the diversity of family relationships that affect the determination of who exercises parental responsibility, we provide the following definitions for certain situations:

Minor, child of married parents or parents in a domestic partnership:
- The exit authorization must be issued and signed by one of the parents only if the minor is traveling without either parent; if the minor is traveling with one parent, no authorization is required, provided there is no objection from the other parent*;

A minor whose parents are unmarried, divorced, legally separated with separate property, or whose marriage has been declared null and void or annulled:
- Permission for the minorto leave must be granted by the ascendant to whom theminor has been entrusted and/or with whom the minor resides; Since the current standard arrangement in cases of divorce is joint parental responsibility, the minor may travel with either parent, provided the other parent does not object*;

Minors who have lost one parent:
- The travel authorization must be provided by the surviving parent;

Minor whose parentage has been established with respect to only one parent:
- The authorization to leave must be issued by the parent with whom parentage has been established;

Minor entrusted to a third party or to an educational or care facility:
- In these cases, the person to whom the court has assigned the exercise of parental responsibility is authorized to grant permission to leave;

Minor under guardianship:
- Minors whose parents have died or are barred from exercising parental responsibility, or who have been de facto prevented from exercising parental responsibility for more than six months, or whose whereabouts are unknown, are subject to guardianship; in such cases, the authorization to leave must be issued by the guardian appointed by the Juvenile Court;

- In the absence of a person qualified to serve as guardian, the minor may be placed in a public or private educational or welfare institution, in which case the director of that institution must sign the release authorization;

Adopted minor or minor in the process of adoption:
- The release of this minor requires authorization from the adoptive parent or one of the adoptive parents, if they are married;

Emancipated minor:
- A minor is emancipated through marriage or by a decision to that effect by the parents, thereby acquiring full legal capacity and becoming entitled to manage their own affairs; consequently, it is no longer necessary to present a release authorization—it is sufficient to present a marriage certificate or birth certificate. 

Draft Authorization for a Brazilian Minor to Leave the Country

(Legally certified—certification may be performed by notaries, solicitors, attorneys, or at Portuguese embassies or consulates abroad.)

DOC.​     

Draft Authorization for a Foreign Minor Residing in Portugal to Leave the Country

(Legally certified—certification may be performed by notaries, solicitors, attorneys, or at Portuguese embassies or consulates abroad.)

DOC.​