Bulgaria: Documentation required and procedures to be followed by a parent wishing to travel abroad with a minor child in the absence, or without the consent, of the second parent (January 2003 - July 2005)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Ottawa |
| Publication Date | 29 July 2005 |
| Citation / Document Symbol | BGR100303.E |
| Reference | 7 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Bulgaria: Documentation required and procedures to be followed by a parent wishing to travel abroad with a minor child in the absence, or without the consent, of the second parent (January 2003 - July 2005), 29 July 2005, BGR100303.E, available at: https://www.refworld.org/docid/440ed6d123.html [accessed 28 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The consular information sheet for Bulgaria, published by the United States Department of State and updated in March 2005, outlines the following exit/entry requirements for the travel of minors:
Bulgarian authorities are particularly strict in matters involving the travel of Bulgarian children. Adults, other than a child's parents, departing Bulgaria with a Bulgarian national (including dual or multi-national Bulgarian) child, must present to authorities a certified/legalized declaration signed by the child's parents authorizing custody for travel purposes. This holds true even if the adult is otherwise related to the child. If the declaration is signed in Bulgaria, certification by a Bulgarian notary public is required. If signed in the U.S., certification must come from a notary public and the court where the notary is licensed and then be legalized with an apostille, issued by the individual state's Department of State or the Governor's Office (21 Mar. 2005).
Corroborating information is found in Article 10 of the Foreign Travel Passports Act of 16 August 1989. This article stipulates that the application for a foreign passport or exit visa for a Bulgarian minor must be submitted by parents, guardians or trustees (Bulgaria 16 Aug. 1989). If the latter are not in Bulgaria, the application must be submitted by those entrusted with the responsibility of taking care of the child (ibid.). In cases where parents are no longer together, the application must be either submitted in the presence of both parents or else "submitted together with the consent of the absent parent in writing, certified by a notary office" (ibid.). In cases where parents cannot come to an agreement, a court decision, made under Article 72 of the Family Code, is required (Bulgaria 28 May 1985). A copy of the court decision is required for a foreign-travel passport or visa application (ibid. 16 Aug. 1989). In cases where one parent has lost parental rights, the article stipulates that "[n]o consent shall be required from a parent deprived of his parent's rights," but custody must be proven by the appropriate court records (ibid.).
The Website of the Embassy of the United States in Sofia, Bulgaria, offers the following instructions to Bulgarian nationals under 18 years of age who wish to travel to the United States (with a non-immigrant visa) without both of their parents:
1. A person under the age of 18 must submit a notarized declaration signed by both parents (or the one parent not accompanying the child on travel to the United States), which states the parent(s) not traveling give(s) permission for the child to travel to the United States, when and for how long. The declaration may not be older than six months at the date of application. The declaration must be accompanied by the applicant's birth certificate and copies of the parents' Bulgarian identity documents and international passports (if any). The original notarized declaration will be kept for consular records. If an original is required for use at the airport or with other authorities, parents must obtain duplicate originals.
2. If one parent has sole custody due to a divorce decree or the death of the other parent, copies of court documents stating this must be provided.
3. If a person other than a parent has legal custody of the minor, copies of court documents stating this must be provided.
4. If both parents are outside Bulgaria or for other reasons have a different adult providing custody for the minor in Bulgaria, an original notarized power-of-attorney signed by both parents authorizing the third-party adult to make decisions regarding the minor child's welfare must be presented (n.d.).
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 additional sources consulted in researching this Information Request.
References
Bulgaria. 16 August 1989. Foreign Travel Passports Act, Decree No. 40 of 16 August 1989 (Last Amended 1991). (Bulgarian Institute for Legal Development) United States (US). 21 March 2005. Department of State. Bureau of Consular Affairs. "Consular Information Sheet: Bulgaria." Additional Sources Consulted The Embassy of Bulgaria in Ottawa did not respond to requests for information within the time constraints of this Response. Internet sites, including: Bulgaria.com, Bulgarian Ministry of Foreign Affairs, Bulgarian Ministry of Interior, Embassy of Bulgaria in the United States, Embassy of Canada in Bulgaria, Embassy of the United States in Bulgaria, Foreign Affairs Canada, Hague Conference on Private International Law, United Nations High Commission for Refugees (UNHCR) Refworld 2004.
_____. 28 May 1985. Family Code
_____. N.d. Embassy of the United States in Bulgaria. Nonimmigrant Visa Unit. "Regarding Applicants Under 18 Years of Age."
