PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA

MINISTRY OF INTERIOR AND LOCAL GOVERNMENTS

This Ministerial Directive is intended, in the framework of enforced legislation, to specify the practical dispositions for the facilitation of free trans-border circulation by minor children, uphold their parents’ prerogatives, and protect minor children against transnational criminality (human trafficking, organ trafficking). It modifies the provisions included in Directive No. 15 dated August 29, 1972, issued by the Ministry of Interior and Local Governments and applicable to the exit of minor children from the national territory.

•    LEGAL REFERENCES

-    The Constitution
-    Law No. 84-11 dated June 9, 1984, relating to the Family Code, amended and completed
-    Law No. 75-58 dated September 26, 1975, relating to the Civil Code, amended and completed
-    Ministerial Directive No. 15 dated August 29, 1972, issued by the Ministry of Interior and Local Governments, relating to the exit of minor children from the national territory
-    Inter-ministerial Circular No. 06/2003 dated January 11, 2003, relating to the circulation of minor children living abroad, issued jointly by the Ministry of Interior and Local Governments and the Ministry for Foreign Affairs.

The present Ministerial Directive amends Directive No. 15 dated August 29, 1972, relating to the exit of minor children (under the age of 19) from the national territory, establish the following set of measures:

•    SET OF MEASURES:

1.    Exit of national territory by minor child (under the age of 19) accompanied by one of his parents (father or mother):

•    Supporting documents required at border posts for exit authorization of minor child

-    Valid individual passport for the child;
-    Alternatively, child is included on the passport of one of the parents (father or mother);
-    Document establishing parental link (Family Book, or certified copy thereof).

However, exit of minor child shall not be authorized, in case one of the parents obtained a judicial decision from one of the competent Algerian judicial instances prohibiting travel by the child out of the national territory.

The Public Prosecutor’s Office shall give notice of the judicial decision prohibiting exit by the minor child out of the national territory to the Judicial Police Services within its national jurisdiction, who shall promptly take the required measures to prevent exit by the minor child out of the national territory.

2.    Exit of the national territory by minor child traveling alone or accompanied by an adult escort:

•    Supporting documents required at border posts for exit authorization of minor child:

-    Valid individual passport for the child;
-    Parental Authorization granted by parent with tutelage and certified at a police station within jurisdiction of residence or by the Officer of Civil Status of the place of residence or at diplomatic and consular representations accredited abroad.

3.    Exit of national territory by adopted (Makfoul) child:

•    Supporting documents required at border posts for exit authorization of minor child:

-    Valid individual passport for the child;
-    Authorization for exit of the national territory granted to the adopted (makfoul) child by Ordinance of the President of the Algerian court of competent jurisdiction granting the adoption (kafala) or by the court responsible for the notary who registered the adoption (kafala).

4.    Adopted minor child placed in a State-run public center for the protection of children in need:

•    Supporting documents required at border posts for exit authorization of minor child:

-    Valid individual passport for the child;
-    Exit authorization for the child duly signed by the Director of the Center or, alternatively, the President of the court of competent jurisdiction.

5.    Minor child living abroad and traveling alone or with escort:

•    Supporting documents required at border posts for exit authorization of minor child:

-    Valid individual passport for the child;
-    Any supporting document justifying regular residence of the child abroad (residence permit, registration statement from overseas school, passport or national identification card established abroad, or any other pertinent similar document).


Signed: The Minister of Interior and Local Governments