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RO 
Travelling abroad with a child raises sensitive questions: what documents are required? when is a notarized authorization needed? can a minor travel alone? or how do we proceed if there is a foreign court decision regarding parental authority?
This guide explains, in accessible language, the legal conditions for leaving the country for Romanian minor citizens, including the changes that entered into force in March 2024.
Because every situation involving minors and international travel is different.
When it comes to minors travelling abroad, no two parents face the same issue.
Often, the details make the difference:
• ongoing or finalized divorce;
• joint or sole parental authority;
• lack of consent from the non-accompanying parent;
• foreign judgments requiring recognition in Romania;
• situations where the parent or accompanying person is refused at border control;
• urgent cases: medical treatment, studies, unforeseen international travel.
Basic rule: Romanian minors do not travel alone (with recent exceptions)
According to Article 2 paragraph (2) of Law no. 248/2005, Romanian minor citizens may travel abroad:
• only with an individual valid travel document
– passport;
– or identity card (only for minors over 14, in countries that accept it);
• only when accompanied, with the consent of the parents or legal representatives.
A legal representative is the person designated by law to exercise parental rights and obligations over the minor.
Attention: The birth certificate is not a travel document and is not sufficient for leaving the country.
What travel documents can a Romanian minor use?
Based on Article 6¹ of Law 248/2005 and Article 13 paragraph (2) of Emergency Ordinance 97/2005:
• Passport – valid for travel to any state.
• Identity card / electronic identity card (for minors over 14) – valid as a travel document:
o in EU member states;
o and in third states that recognize the ID as a travel document.
Departure from the country is permitted only with the requirements of Article 30 of Law 248/2005, meaning depending on who accompanies the minor and what additional documents are presented.
Situation 1 – Minor accompanied by both parents
This is the simplest situation.
Conditions:
• the minor has a valid individual travel document (passport / ID);
• is accompanied by both parents.
In this case, no notarized declaration or other additional documents are required.
(Art. 30 paragraph (1) letter a) of Law 248/2005)
Situation 2 – Minor accompanied by only one parent
This is where most practical problems arise at the border. Leaving the country is permitted in the following cases:
There is a declaration from the other parent (notarized authorization)
The accompanying parent presents the declaration of the other parent, showing:
• consent for the minor’s travel abroad;
• the period – not exceeding 3 years from the date of issuance;
• optionally: destination, purpose, accompanying person, if a more detailed form is desired.
The declaration is a unilateral legal act (Art. 1324 Civil Code), notarized.
Revoking the declaration
As an authentic act, revocation must also be made in authentic form, through a notarized revocation declaration, in accordance with Articles 1325 and 1243 of the Civil Code, and Article 30 paragraph (7¹) of Law 248/2005.
Revocation may be authenticated by any notary public, not necessarily the one who issued the initial declaration.
The accompanying parent has sole parental authority / the minor was entrusted to that parent
Leaving the country is permitted if the accompanying parent proves that:
• the minor was entrusted to them by a final court decision; or
• they exercise sole parental authority, based on a final judgment.
Foreign court decisions are also considered, provided they are recognized by Romanian authorities (see the section on recognition of foreign judgments below).
The other parent is deceased
The accompanying parent must present, in original or certified copy:
• the death certificate; or
• a final court decision declaring death; or
• official communication transmitted through Romanian diplomatic/consular missions, if there was no time to issue the certificate.
The other parent has been deprived of parental rights
A final court decision depriving the parent of parental rights must be presented.
Note: The reference to a “declared missing parent” in Art. 30 paragraph (2) of Law 248/2005 is now obsolete, as the institution of disappearance regulated by Decree 31/1954 was repealed by Law 71/2011.
There is a court decision that substitutes the consent of the other parent
The court may substitute the consent of the parent who unjustifiably refuses or is unable to express their will.
The decision must be final, except in the case of provisional injunction (ordonanţă preşedinţială).
The provisional injunction is temporary and enforceable, producing effects immediately until the main case is resolved (Art. 997 paragraph (2) Civil Procedure Code).
Recognition of foreign judgments regarding parental authority
Judgments from an EU member state
According to Regulation (EU) 2019/1111, decisions regarding parental responsibility:
• are recognized in Romania without a special procedure;
• provided they are enforceable in the state of origin.
At the border, the judgment must:
• be translated into Romanian;
• be legalized / accompanied by the formalities required by the regulation.
Judgments from a third (non-EU) state
Articles 1095–1102 of the Civil Procedure Code apply:
• foreign judgments are recognized by law in certain situations;
• generally, recognition by Romanian courts is required, except for:
o third states with which Romania has treaties on legal assistance;
o judgments issued under the 1996 Hague Convention.
After recognition, the judgment:
• has res judicata authority;
• can be used at the border under the same conditions as a Romanian judgment.
At border crossing, one may present:
• the Romanian recognition judgment; or
• the foreign judgment (with certified translation), if it falls under the mentioned exceptions.
Situation 3 – Minor accompanied by the legal representative
The minor may leave the country accompanied by the legal representative (guardian, custodian, etc.) if:
• a final court decision is presented showing that the accompanying person exercises parental rights and obligations.
Situation 4 – Minor accompanied by a third person (other than parents or legal representative)
Examples: grandparents, adult siblings, coaches, teachers, an escort from a transport company.
Conditions:
Consent declaration:
• from both parents; or
• from the parent to whom the minor was entrusted; or
• from the parent with sole parental authority; or
• from the surviving parent; or
• from the legal representative.
The declaration must include:
• consent for travel abroad;
• period (max. 3 years);
• identity details of the accompanying person.
If the escort represents an international passenger transport company, a document proving this status must be presented.
Situation 5 – Minor with domicile or residence abroad
A minor may leave Romania without parental consent if:
• they are travelling to the state of domicile/residence; and
• the escort presents documents proving this destination.
Proof of destination
Usually through:
• travel tickets issued for the entire route.
If not available, the escort must fill out a handwritten statement before border police, declaring that the destination is the minor’s state of domicile/residence.
Proof of domicile
According to Article 24 paragraph (3) of the Methodological Norms:
• the minor’s passport showing the state of domicile;
• parents’ passports (in combinations provided by the norms);
• passport of the surviving parent;
• passport of the parent to whom the minor was entrusted;
• passport of the legal representative.
Proof of residence
Any document issued by the authorities of that state:
• residence permit;
• residence card;
• other official documents.
Situation 6 – Minor travelling for medical treatment abroad
In this situation, consent from both parents is not required.
Conditions:
• documents proving the medical condition, in original and copy, issued or approved by Romanian medical authorities;
• the documents must indicate:
o the treatment period;
o the state/states where the treatment will be provided.
Parental authority perspective – Consent declaration requirements
Even in such cases, from a parental rights standpoint, consent may still be necessary.
Consent declaration – form and validity
According to Article 30 paragraph (7) of Law 248/2005:
• in Romania – authenticated by a notary public;
• abroad – by:
o Romanian diplomatic missions/consulates; or
o foreign authorities, with the required procedures:
– legalization; or
– apostille (Hague Convention 1961), if applicable.
Copies remain with the Border Crossing Point.
Situation 7 – Minor travelling for studies or official competitions abroad
For minors travelling for studies or official competitions, the consent of one parent is sufficient.
At the border, one presents:
• documents issued by the organizing institution (original and copy);
• showing:
o the period;
o the state(s) where the studies/competitions take place.
However, from a parental authority standpoint, the same consent declaration rules apply (as above).
Validity:
• consent cannot exceed 3 years from authentication.
If names or travel documents change later, the declaration remains valid if identification can be made through other data (e.g., personal identification number).
Unaccompanied minors – 2024 update (minors over 16)
The changes introduced by the Emergency Ordinance of March 21, 2024 brought a major shift:
Minors over 16 may travel unaccompanied, with parental/legal representative consent
Exceptionally, minors who have turned 16 may travel unaccompanied:
• if Romanian citizens;
• with parental/legal representative consent, given through a notarized declaration.
Minors over 16 with domicile/residence in the destination country
A broader category:
• Romanian minors over 16;
• who have domicile or residence in the destination country;
• may travel unaccompanied without parental/legal representative consent.
In practice, proof of domicile/residence is required.
What happens if the minor does not meet legal conditions?
If the minor is not accompanied as required and lacks the necessary documents:
• border police will not allow departure;
• parents are informed to pick up the minor;
• if parents cannot be contacted, the National Authority for Child Protection is notified.
Children born abroad to Romanian parents
According to Article 5 paragraph (2) of Law 21/1991 on Romanian citizenship:
• children born abroad, if at least one parent is Romanian, acquire Romanian citizenship automatically.
Regardless of the travel document used (Romanian passport or foreign passport), these minors fall under Law 248/2005 on the free movement of Romanian citizens.
Conclusions
• General rule: the Romanian minor does not leave the country alone, but accompanied by an adult, with strict compliance with Law 248/2005.
• Essential documents: individual travel document, consent declaration (when applicable), court decisions/special documents.
• Special situations: medical treatment, studies, domicile/residence abroad.
• 2024 update: minors over 16 may travel unaccompanied under certain conditions.
Frequently Asked Questions
What documents are required for a Romanian minor to leave the country?
A valid individual travel document (passport or ID), and depending on the escort, a consent declaration or a court decision on parental authority.
Is the birth certificate sufficient for a minor’s travel?
No. It is not a travel document.
Can a minor travel abroad with only one parent?
Yes, with:
• the other parent’s notarized consent; or
• a final court decision; or
• proof of death; or
• a decision substituting consent.
Can a grandparent/relative/coach accompany a minor?
Yes, with proper parental consent indicating the escort.
Can minors over 16 travel alone?
Yes, starting 2024:
• with parental/legal consent;
• or without consent if they have domicile/residence in the destination country.
What if required documents are missing at the border?
Border police will not allow departure; authorities are notified if parents cannot be reached.
Are foreign custody decisions valid?
Yes, according to EU regulations or international conventions, or after recognition in Romania.
Essential distinction: parental rights are NOT the same as border-crossing rules
It is crucial to differentiate between:
- Border-control rules (Law 248/2005 – documents, escorts, declarations), and
- Parental authority (who has the right to decide on the child’s travel).
Crossing a border—even without checks—does not equal having legal consent from the other parent.
Failure to obtain consent may result in:
• civil liability;
• parental authority disputes;
• provisional court measures;
• international child abduction implications (Hague 1980 Convention).
Therefore, free movement between states does NOT eliminate the obligation of obtaining the other parent’s consent.
Before any international travel with a minor, parents must verify:
• border-control conditions, and
• parental-authority consent requirements.
IB Legal Family – Specialized Legal Support
We offer:
• correct interpretation of applicable legislation;
• verification of existing documents;
• assistance in obtaining consent;
• drafting declarations, petitions, and court applications;
• tailored legal strategy for parental-conflict situations.
We assist rapidly and professionally, helping you avoid:
• refusal of exit,
• missed flights,
• parental disputes,
• international complications.
We handle: family litigation, custody, recognition of foreign judgments, and border-crossing procedures with minors.
