Leaving Country with child under 18 and other parent is deceased
Jan 9th, 2003, 09:21 AM
#1
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Leaving Country with child under 18 and other parent is deceased
I am asking this on behalf of a co-worker. She has a 14 year old daughter that she is bringing with her to Cancun in March from the United States. The childs father died in a car accident before the child was born and before they were married.
How does she bring her daughter into Mexico without a signed and notarized letter from the other parent? the other parents name is not even on the birth certificate and it WAS Not an immaculate conception.
How does she bring her daughter into Mexico without a signed and notarized letter from the other parent? the other parents name is not even on the birth certificate and it WAS Not an immaculate conception.
Jan 9th, 2003, 09:36 AM
#3
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Is the daughter as US citizen? If so, I would suggest that she get her daughter a US passport. If the girl is 14 or older, she can apply herself. As part of the application process, only the mother would be listed as the parent, as the father is deceased. This should solve her problem. A US passport can be obtained in about 6 weeks and will cost about $70. It is good for 10 years. Go to travel.state.gov/passport_services.html for more information.
Jan 9th, 2003, 09:41 AM
#5
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Draw up a document (does not have to be drafted by a lawyer. Your friend can do it herself). Call it Declaration Re: Parental Consent. State the circumstances in paragraph form. Number the paragraphs. State the father's name. The fact that he died on x date. Attach a copy of the Death Certificate to this document. Have your friend (The Declarer) sign the Declaration before a Notary/Attorney/Lawyer.
Good luck & if you have any questions post back here.
Good luck & if you have any questions post back here.
Jan 9th, 2003, 09:59 AM
#7
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to huumm...
you lowered the collective IQ of this forum with your post.
If you think my post was a waste, yours would be an even bigger waste.
I have stayed out of the debate as to relevance of posts on fodors, but you set me off. I know the rules here, I follow them, I use an actual email addy and I use the same name all of time. Can you say the same?
Why dont you go complain about the trash in your neighbors yard or something and quit wasting peoples time here.
The reason I asked on this forum was because there was a better chance of someone having experience with this here then at ESPN.com forums.
you lowered the collective IQ of this forum with your post.
If you think my post was a waste, yours would be an even bigger waste.
I have stayed out of the debate as to relevance of posts on fodors, but you set me off. I know the rules here, I follow them, I use an actual email addy and I use the same name all of time. Can you say the same?
Why dont you go complain about the trash in your neighbors yard or something and quit wasting peoples time here.
The reason I asked on this forum was because there was a better chance of someone having experience with this here then at ESPN.com forums.
Jan 9th, 2003, 10:23 AM
#12
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The question really needs to be asked of MEXICAN authorities, not US.
There should have be no problem renetering/in the US with certified birth certificate (which as you said does not list father's name so no 'permission ' should be needed) or with a US passport that is issued with the understanding that only one parent has claim. It shouldn't be necessary to prove the father deceased if he isn't listed/declared as father anywhere! If that were the case, then you could just get someone's death certificate, then declare them the father, then say, oh, but he's out of the picture.
BUT, dealing with another country's jurisdiction is very different. Friends traveling with children have told me that Mexican officials are very tough to deal with on matters like thi. You/your friend must have something IN WRITING, preferably in English and Spanish, from the Mexican consulate or Embassy or immigration, stating what kind of ID is necessary in this situation and approving the situation. Even if a child has her own US passport, Mexican officials will be looking for written authorization that the one parent has custody--the passport itself does not indicate whether one or more parents applied for it--only the application does...
There should have be no problem renetering/in the US with certified birth certificate (which as you said does not list father's name so no 'permission ' should be needed) or with a US passport that is issued with the understanding that only one parent has claim. It shouldn't be necessary to prove the father deceased if he isn't listed/declared as father anywhere! If that were the case, then you could just get someone's death certificate, then declare them the father, then say, oh, but he's out of the picture.
BUT, dealing with another country's jurisdiction is very different. Friends traveling with children have told me that Mexican officials are very tough to deal with on matters like thi. You/your friend must have something IN WRITING, preferably in English and Spanish, from the Mexican consulate or Embassy or immigration, stating what kind of ID is necessary in this situation and approving the situation. Even if a child has her own US passport, Mexican officials will be looking for written authorization that the one parent has custody--the passport itself does not indicate whether one or more parents applied for it--only the application does...
Jan 9th, 2003, 10:32 AM
#13
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Sorry,
A letter of consent is still required with passport, see the below link from Alaska Airlines on travel to Mexico that explains the letter of consent and waiver exceptions for it:
http://www.alaskaair.com/www2/help/faqs/TravelDocDefinitions.asp#letter
A letter of consent is still required with passport, see the below link from Alaska Airlines on travel to Mexico that explains the letter of consent and waiver exceptions for it:
http://www.alaskaair.com/www2/help/faqs/TravelDocDefinitions.asp#letter
Jan 9th, 2003, 10:34 AM
#14
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If only the mothers name is on the birth certificate,then there is only ONE parent.The fact that the biological father allowed the birth certificate to be issued without his name on it is interpreted as an abrogation of any parental rights.If there is no other parent involved,then no other consent is required.For absolute certainty, check with the local Mexican consulate.There are many across the US.The issue is not to have or have not a passport.The traveller is under 18,a minor in the eyes of Mexico.The issue is parental consent.A passport identifies citizenship.
Jan 9th, 2003, 10:45 AM
#15
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Huumm, a forum like this is great to ask others if they've been in this situation, or have heard of it, and what to do about it. It may not be a question about a resort, or destination, but it is nice to give advice about the situation. And, I have heard this can be a problem in Mexico for parents, single or married, because of custody cases where one parent leaves the country for good with their child.
Jan 9th, 2003, 10:51 AM
#16
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FYI --
Letter of Consent Waiver Exceptions:
A letter of consent to travel is NOT required in the following circumstances:
* Unmarried Parent - such letters are not required when the unmarried (at the time of the child's birth) traveling mother presents the child's birth certificate that omits the name of the child's father. All states require the name of the mother to be included, but not the birth father. However, if the father is named on the child's birth certificate, he has legal rights to the child, whether he supports the child or not, therefore a letter of consent to travel would be required from the father.
* Death of Parent - when the traveling adult presents a death certificate of the deceased parent.
* Divorced Parent - when the traveling adult presents a divorce decree or similar court document awarding custody of the child, or when the decree states that joint or shared custody has been awarded to both parents.
Letter of Consent Waiver Exceptions:
A letter of consent to travel is NOT required in the following circumstances:
* Unmarried Parent - such letters are not required when the unmarried (at the time of the child's birth) traveling mother presents the child's birth certificate that omits the name of the child's father. All states require the name of the mother to be included, but not the birth father. However, if the father is named on the child's birth certificate, he has legal rights to the child, whether he supports the child or not, therefore a letter of consent to travel would be required from the father.
* Death of Parent - when the traveling adult presents a death certificate of the deceased parent.
* Divorced Parent - when the traveling adult presents a divorce decree or similar court document awarding custody of the child, or when the decree states that joint or shared custody has been awarded to both parents.
Jan 9th, 2003, 10:53 AM
#17
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Of all the posts, Lawyer gives you the best advice. Having been through this situation, and remembering that you will be dealing with Mexican authorities, your best bet is to create a "paper trail" file that includes the minor's birth certificate, father's death certificate, and a notarized statement as to the situation which you will be able to provide to any airline or immigration official who asks. A passport alone is of no value in meeting the Mexican requirement for documenting consent of both parents to minor's entry into the country. With all due respect to the Mexican authorities, you will be better off having this.
Jan 9th, 2003, 11:07 AM
#18
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I can only contribute one useful fact to this discussion: US children's passports do not include the name of either parent.
Thus, in this case a passport would be less useful than a birth certificate -- the passport leaves open the possibliity of a custody issue, whereas the birth certificate PROBABLY is sufficient to establish that the mom has sole custody.
But it's best to check with Mexican authorities, their opinion might be different form mine! Poster "FYI," where did you get your info?
Thus, in this case a passport would be less useful than a birth certificate -- the passport leaves open the possibliity of a custody issue, whereas the birth certificate PROBABLY is sufficient to establish that the mom has sole custody.
But it's best to check with Mexican authorities, their opinion might be different form mine! Poster "FYI," where did you get your info?
