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Travel clearance required for minors going abroad...

Travel clearance required for minors going abroad
"My daughter is an illegitimate child. Her father, now a married man and British citizen, plans to get our daughter to stay with him in the UK. While I know nothing is sadder than a mother being separated from her child, I also realized it is for the best interest of my child to let her stay with her father. For now, we agree to have our daughter live with him for a month to determine if she is comfortable in that country. Is his father required to secure a travel clearance from the DSWD considering that he recognized our child and she has been using her father's surname?NelDear Nel,To further address the issue of human trafficking and exploitation especially of Filipino minors, Congress enacted Republic Act (RA) 10364, otherwise known as the Expanded Trafficking in Persons Act, amending RA 9208 or the Anti-Trafficking in Persons Act of 2003. Section 5 of the said law inserts Section 4-A to RA 9208 which reads:""Attempted Trafficking in Persons – xxx in cases where the victim is a child, any of the following acts shall also be deemed as attempted trafficking in persons: (a) Facilitating the travel of a child who travels alone to a foreign country or territory without valid reason therefor and without the required clearance or permit from the Department of Social Welfare and Development, or a written permit or justification from the child's parent or legal guardian xxx"" In 2017, the Department of Social Welfare and Development (DSWD) issued Administrative Order (AO) No. 12 with subject OMNIBUS GUIDELINES FOR MINORS TRAVELLING ABROAD, primarily to protect Filipino minors from trafficking, abuse, exploitation and/or improper influence by persons engaged in trafficking. Chapter V of the said AO enumerates those who are required to secure travel clearance, to wit:""Coverage – Minor/s required to secure travel clearance: (a) Filipino minor as defined in this guidelines who is travelling alone using the Philippine Passport for their travel outside the Philippines (b) Filipino minor travelling with prospective adoptive parent/s for purpose of inter-country adoption c) Filipino minor travelling with a person other than his/her parent/s, legal guardian or person exercising parental authority /legal custody over him/her, d) Filipino minor who is illegitimate and is travelling with his/her biological father, e) For married minors, the same requirement applies to that unmarried minors travelling abroad."" (Emphasis supplied) Based on the aforesaid, her biological father, being your minor daughter's travelling companion, is required to apply and secure travel clearance from the DSWD field (regional) office having jurisdiction over her place of residence, before they could be allowed to leave the country. Otherwise, he could be prosecuted for attempted trafficking in persons, as mentioned above. While illegitimate children may use the surname of their father if their filiation has been expressly recognized as in the present case, this does not change their status as illegitimate. Article 176 of the Family Code of the Philippines provides that illegitimate children shall be under the parental authority of their mother.We hope we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net"

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"Travel clearance required for minors going abroad" was written by Mary under the Legal Advice category. It has been read 250 times and generated 0 comments. The article was created on and updated on 15 September 2021.
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