El Salvador: Documents required and procedures to follow when one parent travels abroad with a minor in the absence of, or without the consent of, the other parent
In correspondence sent to the Research Directorate on 21 May 2010, an official of the Embassy of El Salvador in Ottawa stated that, according to Article 44 of the Law for the Integral Protection of Children and Adolescents (Ley de Protección Integral de la Niñez y Adolescencia, LEPINA), published in the Official Gazette on 16 April 2009 and enacted on 16 April 2010, a parent travelling alone with a minor must present written authorization from the absent parent in order to leave El Salvador (El Salvador 21 May 2010; ibid. 2010). The written authorization must be authenticated by a notary (ibid., Art. 44). If one of the parents is deceased, the original death certificate is required and must be presented by the person who travels with the minor (El Salvador 21 May 2010).
If one of the parents unreasonably refuses to give the authorization, the appropriate judicial authority may, after verification, issue this authorization (ibid. 2010, Art. 44). If the mother or the father is absent, or the minor does not have a legal representative, it is the Attorney General (Procurador General) who authorizes the issue of the passport and allows the child to travel (ibid.). If the minor travels without his [or her] parents, the authorization of both parents or legal representative is required (ibid.). Such authorization from the parents or the Attorney General is valid for a maximum of one year from the date of issue (ibid.).
According to Art. 44 of the LEPINA, the following documents and information are required to apply for an authorization:
[Translation]
a) A certified copy of the birth certificate and the passport of the minor;
b) The given name, last name, age, profession, address and identity card of the person who is travelling with the minor;
c) The destination country and the length of stay (El Salvador 2010).
On 5 February 2001, El Salvador acceded to the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (HCCH 6 Apr. 2010).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
El Salvador. 21 May 2010. Embassy of El Salvador in Ottawa. Correspondence from an official.
______. 2010. Ley de Protección Integral de la Niñez y Adolescencia (LEPINA). <http://www.ute.gob.sv/uteweb/index.php?option=com_docman&Itemid=102&task= doc_download&gid=40> [Accessed 26 May 2010]
Hague Conference on Private International Law (HCCH). 6 April 2010. "Status Table - 28: Convention of 25 October 1980 on the Civil Aspects of International Child Abduction." <http://www.hcch.net/index_en?act=conventions.status&cid=24> [Accessed 26 May 2010]