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?<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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:<\/p>\n\n\n\n
\u2022 ongoing or finalized divorce;
\u2022 joint or sole parental authority;
\u2022 lack of consent from the non-accompanying parent;
\u2022 foreign judgments requiring recognition in Romania;
\u2022 situations where the parent or accompanying person is refused at border control;
\u2022 urgent cases: medical treatment, studies, unforeseen international travel.<\/p>\n\n\n\n
According to Article 2 paragraph (2) of Law no. 248\/2005, Romanian minor citizens may travel abroad:<\/p>\n\n\n\n
\u2022 only with an individual valid travel document
\u2013 passport;
\u2013 or identity card (only for minors over 14, in countries that accept it);<\/p>\n\n\n\n
\u2022 only when accompanied, with the consent of the parents or legal representatives.<\/p>\n\n\n\n
A legal representative is the person designated by law to exercise parental rights and obligations over the minor.<\/p>\n\n\n\n
Attention: The birth certificate is not a travel document and is not sufficient for leaving the country.<\/p>\n\n\n\n
Based on Article 6\u00b9 of Law 248\/2005 and Article 13 paragraph (2) of Emergency Ordinance 97\/2005:<\/p>\n\n\n\n
\u2022 Passport \u2013 valid for travel to any state.
\u2022 Identity card \/ electronic identity card (for minors over 14) \u2013 valid as a travel document:
o in EU member states;
o and in third states that recognize the ID as a travel document.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
This is the simplest situation.<\/p>\n\n\n\n
Conditions:
\u2022 the minor has a valid individual travel document (passport \/ ID);
\u2022 is accompanied by both parents.<\/p>\n\n\n\n
In this case, no notarized declaration or other additional documents are required.
(Art. 30 paragraph (1) letter a) of Law 248\/2005)<\/p>\n\n\n\n
This is where most practical problems arise at the border. Leaving the country is permitted in the following cases:<\/p>\n\n\n\n
The accompanying parent presents the declaration of the other parent, showing:<\/p>\n\n\n\n
\u2022 consent for the minor’s travel abroad;
\u2022 the period \u2013 not exceeding 3 years from the date of issuance;
\u2022 optionally: destination, purpose, accompanying person, if a more detailed form is desired.<\/p>\n\n\n\n
The declaration is a unilateral legal act (Art. 1324 Civil Code), notarized.<\/p>\n\n\n\n
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 (7\u00b9) of Law 248\/2005.
Revocation may be authenticated by any notary public, not necessarily the one who issued the initial declaration.<\/p>\n\n\n\n
Leaving the country is permitted if the accompanying parent proves that:<\/p>\n\n\n\n
\u2022 the minor was entrusted to them by a final court decision; or
\u2022 they exercise sole parental authority, based on a final judgment.<\/p>\n\n\n\n
Foreign court decisions are also considered, provided they are recognized by Romanian authorities (see the section on recognition of foreign judgments below).<\/p>\n\n\n\n
The accompanying parent must present, in original or certified copy:<\/p>\n\n\n\n
\u2022 the death certificate; or
\u2022 a final court decision declaring death; or
\u2022 official communication transmitted through Romanian diplomatic\/consular missions, if there was no time to issue the certificate.<\/p>\n\n\n\n
A final court decision depriving the parent of parental rights must be presented.<\/p>\n\n\n\n
Note: The reference to a \u201cdeclared missing parent\u201d 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.<\/p>\n\n\n\n
The court may substitute the consent of the parent who unjustifiably refuses or is unable to express their will.<\/p>\n\n\n\n
The decision must be final, except in the case of provisional injunction (ordonan\u0163\u0103 pre\u015fedin\u0163ial\u0103).<\/p>\n\n\n\n
The provisional injunction is temporary and enforceable, producing effects immediately until the main case is resolved (Art. 997 paragraph (2) Civil Procedure Code).<\/p>\n\n\n\n
According to Regulation (EU) 2019\/1111, decisions regarding parental responsibility:<\/p>\n\n\n\n
\u2022 are recognized in Romania without a special procedure;
\u2022 provided they are enforceable in the state of origin.<\/p>\n\n\n\n
At the border, the judgment must:<\/p>\n\n\n\n
\u2022 be translated into Romanian;
\u2022 be legalized \/ accompanied by the formalities required by the regulation.<\/p>\n\n\n\n
Articles 1095\u20131102 of the Civil Procedure Code apply:<\/p>\n\n\n\n
\u2022 foreign judgments are recognized by law in certain situations;
\u2022 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.<\/p>\n\n\n\n
After recognition, the judgment:
\u2022 has res judicata authority;
\u2022 can be used at the border under the same conditions as a Romanian judgment.<\/p>\n\n\n\n
At border crossing, one may present:<\/p>\n\n\n\n
\u2022 the Romanian recognition judgment; or
\u2022 the foreign judgment (with certified translation), if it falls under the mentioned exceptions.<\/p>\n\n\n\n
The minor may leave the country accompanied by the legal representative (guardian, custodian, etc.) if:<\/p>\n\n\n\n
\u2022 a final court decision is presented showing that the accompanying person exercises parental rights and obligations.<\/p>\n\n\n\n
Examples: grandparents, adult siblings, coaches, teachers, an escort from a transport company.<\/p>\n\n\n\n
Conditions:<\/p>\n\n\n\n
\u2022 from both parents; or
\u2022 from the parent to whom the minor was entrusted; or
\u2022 from the parent with sole parental authority; or
\u2022 from the surviving parent; or
\u2022 from the legal representative.<\/p>\n\n\n\n
The declaration must include:<\/p>\n\n\n\n
\u2022 consent for travel abroad;
\u2022 period (max. 3 years);
\u2022 identity details of the accompanying person.<\/p>\n\n\n\n
If the escort represents an international passenger transport company, a document proving this status must be presented.<\/p>\n\n\n\n
A minor may leave Romania without parental consent if:<\/p>\n\n\n\n
\u2022 they are travelling to the state of domicile\/residence; and
\u2022 the escort presents documents proving this destination.<\/p>\n\n\n\n
Usually through:<\/p>\n\n\n\n
\u2022 travel tickets issued for the entire route.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
According to Article 24 paragraph (3) of the Methodological Norms:<\/p>\n\n\n\n
\u2022 the minor\u2019s passport showing the state of domicile;
\u2022 parents\u2019 passports (in combinations provided by the norms);
\u2022 passport of the surviving parent;
\u2022 passport of the parent to whom the minor was entrusted;
\u2022 passport of the legal representative.<\/p>\n\n\n\n
Any document issued by the authorities of that state:<\/p>\n\n\n\n
\u2022 residence permit;
\u2022 residence card;
\u2022 other official documents.<\/p>\n\n\n\n
In this situation, consent from both parents is not required.<\/p>\n\n\n\n
Conditions:<\/p>\n\n\n\n
\u2022 documents proving the medical condition, in original and copy, issued or approved by Romanian medical authorities;
\u2022 the documents must indicate:
o the treatment period;
o the state\/states where the treatment will be provided.<\/p>\n\n\n\n
Even in such cases, from a parental rights standpoint, consent may still be necessary.<\/p>\n\n\n\n
According to Article 30 paragraph (7) of Law 248\/2005:<\/p>\n\n\n\n
\u2022 in Romania \u2013 authenticated by a notary public;
\u2022 abroad \u2013 by:
o Romanian diplomatic missions\/consulates; or
o foreign authorities, with the required procedures:
\u2013 legalization; or
\u2013 apostille (Hague Convention 1961), if applicable.<\/p>\n\n\n\n
Copies remain with the Border Crossing Point.<\/p>\n\n\n\n
For minors travelling for studies or official competitions, the consent of one parent is sufficient.<\/p>\n\n\n\n
At the border, one presents:<\/p>\n\n\n\n
\u2022 documents issued by the organizing institution (original and copy);
\u2022 showing:
o the period;
o the state(s) where the studies\/competitions take place.<\/p>\n\n\n\n
However, from a parental authority standpoint, the same consent declaration rules apply (as above).<\/p>\n\n\n\n
\u2022 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).<\/p>\n\n\n\n
The changes introduced by the Emergency Ordinance of March 21, 2024 brought a major shift:<\/p>\n\n\n\n
Exceptionally, minors who have turned 16 may travel unaccompanied:<\/p>\n\n\n\n
\u2022 if Romanian citizens;
\u2022 with parental\/legal representative consent, given through a notarized declaration.<\/p>\n\n\n\n
A broader category:<\/p>\n\n\n\n
\u2022 Romanian minors over 16; In practice, proof of domicile\/residence is required.<\/p>\n\n\n\n If the minor is not accompanied as required and lacks the necessary documents:<\/p>\n\n\n\n \u2022 border police will not allow departure; According to Article 5 paragraph (2) of Law 21\/1991 on Romanian citizenship:<\/p>\n\n\n\n \u2022 children born abroad, if at least one parent is Romanian, acquire Romanian citizenship automatically.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n \u2022 General rule: the Romanian minor does not leave the country alone, but accompanied by an adult, with strict compliance with Law 248\/2005. A valid individual travel document (passport or ID), and depending on the escort, a consent declaration or a court decision on parental authority.<\/p>\n\n\n\n No. It is not a travel document.<\/p>\n\n\n\n Yes, with: Yes, with proper parental consent indicating the escort.<\/p>\n\n\n\n Yes, starting 2024: Border police will not allow departure; authorities are notified if parents cannot be reached.<\/p>\n\n\n\n Yes, according to EU regulations or international conventions, or after recognition in Romania.<\/p>\n\n\n\n It is crucial to differentiate between:<\/p>\n\n\n\n Crossing a border\u2014even without checks\u2014does not equal having legal consent<\/strong> from the other parent.<\/p>\n\n\n\n Failure to obtain consent may result in:<\/p>\n\n\n\n \u2022 civil liability; Therefore, free movement between states does NOT eliminate the obligation of obtaining the other parent’s consent.<\/p>\n\n\n\n Before any international travel with a minor, parents must verify:<\/p>\n\n\n\n \u2022 border-control conditions, and We offer:<\/p>\n\n\n\n \u2022 correct interpretation of applicable legislation; We assist rapidly and professionally, helping you avoid:<\/p>\n\n\n\n \u2022 refusal of exit, We handle: family litigation, custody, recognition of foreign judgments, and border-crossing procedures with minors.<\/p>","protected":false},"excerpt":{"rendered":" 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, […]<\/p>","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2222","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\n
\u2022 who have domicile or residence in the destination country;
\u2022 may travel unaccompanied without<\/strong> parental\/legal representative consent.<\/p>\n\n\n\n
\n\n\n\nWhat happens if the minor does not meet legal conditions?<\/strong><\/h3>\n\n\n\n
\u2022 parents are informed to pick up the minor;
\u2022 if parents cannot be contacted, the National Authority for Child Protection is notified.<\/p>\n\n\n\n
\n\n\n\nChildren born abroad to Romanian parents<\/strong><\/h3>\n\n\n\n
\n\n\n\nConclusions<\/strong><\/h3>\n\n\n\n
\u2022 Essential documents: individual travel document, consent declaration (when applicable), court decisions\/special documents.
\u2022 Special situations: medical treatment, studies, domicile\/residence abroad.
\u2022 2024 update: minors over 16 may travel unaccompanied under certain conditions.<\/p>\n\n\n\n
\n\n\n\nFrequently Asked Questions<\/strong><\/h3>\n\n\n\n
What documents are required for a Romanian minor to leave the country?<\/strong><\/h4>\n\n\n\n
Is the birth certificate sufficient for a minor’s travel?<\/strong><\/h4>\n\n\n\n
Can a minor travel abroad with only one parent?<\/strong><\/h4>\n\n\n\n
\u2022 the other parent’s notarized consent; or
\u2022 a final court decision; or
\u2022 proof of death; or
\u2022 a decision substituting consent.<\/p>\n\n\n\nCan a grandparent\/relative\/coach accompany a minor?<\/strong><\/h4>\n\n\n\n
Can minors over 16 travel alone?<\/strong><\/h4>\n\n\n\n
\u2022 with parental\/legal consent;
\u2022 or without consent if they have domicile\/residence in the destination country.<\/p>\n\n\n\nWhat if required documents are missing at the border?<\/strong><\/h4>\n\n\n\n
Are foreign custody decisions valid?<\/strong><\/h4>\n\n\n\n
\n\n\n\nEssential distinction: parental rights are NOT the same as border-crossing rules<\/strong><\/h3>\n\n\n\n
\n
\u2022 parental authority disputes;
\u2022 provisional court measures;
\u2022 international child abduction implications (Hague 1980 Convention).<\/p>\n\n\n\n
\u2022 parental-authority consent requirements.<\/p>\n\n\n\n
\n\n\n\nIB Legal Family \u2013 Specialized Legal Support<\/strong><\/h3>\n\n\n\n
\u2022 verification of existing documents;
\u2022 assistance in obtaining consent;
\u2022 drafting declarations, petitions, and court applications;
\u2022 tailored legal strategy for parental-conflict situations.<\/p>\n\n\n\n
\u2022 missed flights,
\u2022 parental disputes,
\u2022 international complications.<\/p>\n\n\n\n