Child Travel Consent for Brazil From Australia

Brazil's rule applies when a Brazilian child under 18 leaves Brazil alone, with only one parent or with someone else. They need a written travel authorisation from the parent or parents not travelling. Brazilian parents usually sign at the Brazilian consulate. A foreign parent in Australia can sign before an Australian notary and have it apostilled by DFAT.

Key takeaways

• Brazil's National Council of Justice (CNJ) requires a written travel authorisation for Brazilian children and teenagers leaving Brazil alone, with one parent, or with other adults.
• The authorisation is valid for the period stated, up to two years, and is kept by Brazil's Federal Police when the child leaves.
• A Brazilian child living in Australia who travels with one parent may not need it, if they carry a residence certificate from a Brazilian consulate issued within the last two years.
• The Brazilian Consulate-General in Sydney says a foreign parent who cannot attend the consulate can have their signature recognised by an Australian notary, then apostilled.
• The authorisation can also be recorded in the child's Brazilian passport when it is issued or renewed.

When does a child need a travel authorisation?

The rules come from CNJ Resolution 131 of 2011, and the CNJ summarises them in a short guide. A Brazilian child or teenager under 18 who is travelling abroad:

• with only one parent must carry written authorisation from the other parent
• alone must carry written authorisation from both parents or guardians
• with other adults, such as grandparents, must carry written authorisation from both parents or guardians

The check happens when the child leaves Brazil. For Australian families, the usual situations are a Brazilian-Australian child who has been visiting relatives in Brazil and is flying back to Australia with one parent or a grandparent, or a child who lives in Brazil and is coming to visit a parent in Australia. The rules apply to Brazilian children, including those with dual nationality who travel on a Brazilian passport.

What does the authorisation involve?

The CNJ's guide sets out what an authorisation needs:

• the details in the CNJ's standard form, available on the CNJ and Federal Police websites
• one authorisation for each child
• a validity period; if none is stated, it is valid for two years
• the parents' signatures recognised, in Brazil by a notary's office
• two copies, one of which stays with the Federal Police

The CNJ adds that the child must still carry a valid passport and, where relevant, the custody or guardianship order. The Brazilian Consulate-General in Sydney says the validity is set by the person applying, and cannot be longer than two years, and that the document is single-use, because the Federal Police keep it when the child leaves Brazil.

Is it already in the child's passport?

Check before you do anything else. Brazil allows the travel authorisation to be recorded in the minor's Brazilian passport, at the parents' request, when the passport is issued or renewed. The CNJ says that in that case the child may travel with only one parent without a separate authorisation, for as long as the passport is valid. The Sydney consulate says that, where it exists, the information is on page 4 of the passport. If you want it added, the consulate says to complete its form for authorising a passport for a Brazilian minor when you apply to renew the child's passport.

What about a Brazilian child who lives in Australia?

This exception is the one most Brazilian-Australian families will use. The CNJ says a Brazilian child who lives abroad does not need a travel authorisation, as long as they prove where they live with a residence certificate (atestado de residência) issued by a Brazilian consulate within the last two years, and travel with one of their parents. If they are not travelling with a parent, the parents' authorisation is still needed. The certificate is presented with a copy, which the Federal Police keep at boarding.

The Sydney consulate issues these certificates. It says the certificate can be used only for leaving Brazil, not for travel within Brazil, and that the request can be made in person by appointment through its e-consular system or by post. For a postal request, it says the applicant's signature on the printed application must be recognised by an Australian notary public or Justice of the Peace. That is one of the few cases where a foreign consulate names a JP as acceptable, so follow the consulate's own instructions rather than general rules about JPs.

How does a parent in Australia sign the authorisation?

The Sydney consulate describes three routes, depending on the parent:

Parent	Route the consulate describes
Brazilian parent, signature not registered at the consulate	In person at the Consulate-General, by appointment, signing in front of a consular officer
Brazilian parent, signature registered at the consulate	By post, with the signature recognised by comparison
Foreign parent who cannot attend the consulate	Signature recognised by an Australian notary public, then apostilled by the competent Australian authority; no need to send it to the consulate

It also mentions a fourth option for parents who can use it: recognition of the signature online through Brazil's e-notariado system, directly with notaries in Brazil, which may require a digital certificate or biometrics registered in Brazil.

The foreign-parent route is where an Australian notary is essential. An Australian parent who is not Brazilian, for example the non-Brazilian parent of a Brazilian-Australian child, signs the CNJ form before an Australian notary, who confirms their identity and certifies the signature. DFAT then adds an apostille. Only DFAT issues apostilles in Australia; an apostille confirms the notary's signature and seal, never the contents of the authorisation. Brazil is a member of the Hague Apostille Convention; check the HCCH status table on the day. Our guide to apostilles for Brazil and our apostille and authentication page explain the DFAT step.

What documents go with the authorisation?

For an in-person request, the Sydney consulate lists:

• two copies of the completed form, signed in front of the consular officer
• a copy of the child's Brazilian passport
• the original and a copy of a valid photo ID of the parent giving authorisation, the one not travelling; a Brazilian parent presents Brazilian ID
• a death certificate if a parent has died, or proof of sole custody where that applies
• for travel with third parties, a copy of the companion's passport
• for a foreign parent applying at the consulate, the child's original birth certificate or a passport showing the parents

The consulate says the travel authorisation itself is free of charge. For a postal request, it also asks for the printed and signed application and a prepaid, self-addressed envelope with a full home or work address. If a parent's circumstances are complicated, for example a custody dispute or a parent who cannot be found, speak to a family lawyer before the trip; a notary can witness a signature but cannot supply a consent that has not been given. Our general guide to travel consent letters covers the Australian side.

How do you prepare for a trip out of Brazil?

1. Check page 4 of the child's Brazilian passport for a recorded travel authorisation.
2. Work out whether the child lives in Australia and will travel with one parent; if so, consider a residence certificate from the consulate.
3. Otherwise, complete the CNJ standard form, one for each child, stating the validity period.
4. Have each non-travelling parent sign through the route that fits: the consulate, e-notariado, or an Australian notary plus apostille for a foreign parent.
5. Prepare two copies, because the Federal Police keep one.
6. Carry the originals with the child's valid passport and any custody or guardianship order.

Common mistakes to avoid

• Reusing an authorisation the Federal Police already kept on an earlier trip.
• Forgetting the second copy. One stays with the Federal Police.
• Sending a foreign parent's notarised form to the consulate when the consulate says it is not necessary.
• Skipping the apostille on a foreign parent's notarised authorisation.
• Using a residence certificate when the child is not travelling with a parent.
• Letting the residence certificate age past two years.

Here is an illustration, not a real case.

A Brazilian-Australian girl of nine spends the summer holidays with her grandparents in São Paulo, and her grandmother will fly back to Melbourne with her. Her mother is Brazilian and her father is Australian. Because she is travelling with a grandparent, both parents' authorisation is needed. The mother signs the CNJ form at the Brazilian consulate by appointment. The father, who is not Brazilian, signs his before a notary in Melbourne and has DFAT apostille it. Both authorisations, in two copies, go to São Paulo with the girl's passport, and the Federal Police keep one copy at departure.

In short

A Brazilian child under 18 leaving Brazil alone, with one parent or with other adults needs a written travel authorisation from the parents not travelling, valid for up to two years and kept by the Federal Police. A child living in Australia who travels with one parent can instead carry a consular residence certificate. Brazilian parents sign at the consulate; a foreign parent in Australia signs before an Australian notary, with a DFAT apostille. Check the child's passport first, as the authorisation may already be in it.

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