Children travelling without their parents? Be aware of this legal requirement!

Author: Ana Paula Cascaro

With the arrival of spring and the summer holidays, the season of international travel also begins — often including trips by minors (under 18 years old under Portuguese law) travelling without their parents or legal guardians.

This is where an important legal detail can make all the difference: minors under the age of 18 who are Portuguese nationals or foreign residents in Portugal and travel unaccompanied may require an authorisation to leave the national territory, even when travelling to another Member State of the European Union.

Although often associated with immigration matters, this requirement is primarily linked to the exercise of parental responsibility and the protection of the child.

For this reason, we recommend that whenever a minor travels:

✔️ without either parent;

✔️ accompanied by only one parent, in certain circumstances; or

✔️ with third parties,

a travel authorisation declaration be prepared, ideally signed by both parents or legal guardians, whether separated or not, with signatures duly certified by a notary, lawyer, or consular authority.

The document should clearly identify:

• the minor;

• the accompanying person, if applicable;

• the destination and itinerary;

• the travel dates;

• the period of absence from Portugal.

It is also important to note that:

• the authorisation may be used more than once during its validity period;

• the period indicated in the document may not exceed one year;

• if no validity period is indicated, the authorisation is valid for six months from the date of signature.

📌 Practical tip: whenever possible, the authorisation should be drafted in Portuguese and English and carried together with the minor’s identification document, whether a passport or ID.

Simple preparation can help avoid issues at boarding or border control.

There is an official template made available by the Portuguese authorities.

However, in more complex family situations, it is advisable to prepare a tailor-made authorisation, legally validated and accompanied by the appropriate supporting documentation.

By Ana Paula Cascaro