The Colombian Migration Special Administrative Unit has indicated that parents of minors must meet the requirements for leaving the country.
In this sense, the Entity will apply with strict rigor without distinction of race, sex, sexual orientation, religion, political affiliation, the Constitution of 1991, Law 1098 of 2006, modified by Law 1878 of 2018, Decree Law 4061 of 2011 , and in general, the immigration regulations such as manuals, guides and procedures established in its capacity as the Colombian Immigration Authority.
Consequently, and in the exercise of the functions of the position, it is the obligation of the Colombian Migration Officer, as a public servant, to abide by and fulfill the purposes of the State in accordance with the principle of legality, especially with the provisions of article 44 of the Political Constitution of 1991, which states that the rights of children and adolescents “prevail over the rights of others” and, therefore, the Colombia Migration Special Administrative Unit must act within the legal framework and in the exercise of its functions as guarantor of their rights.
For the particular case published by the citizen Fernando Segura, it should be reported that the requirement and verification of the documentation provided by the traveler had to be validated by the Migration Officer in accordance with current regulations, before the National Registry of Civil Status, with in order to verify the authenticity and validity of the birth certificate of the minor, to establish their affiliation and relationship with their parents.
Likewise, it should be noted that the Children’s Code (Law 1098 of 2006) in its article 128 establishes that “(…) the adopted boy, girl or adolescent may only leave the country when the sentence that decrees the adoption is enforceable . The emigration authorities will demand a copy of the ruling with the proof of execution (…)”.
In consideration of the foregoing, and taking into account what is established in numeral 3 of the “Resolves” of the sentence presented by the traveler, it is clear that “at the expense of the interested party by secretariat” “authentic copies of this ruling” must be issued for the consequent legal purposes”, one of which is the departure of the minor from the country, for the first time. Despite this, the traveler did not present the authentic copy.
Additionally, in accordance with the provisions of the guide and manual for Migration Control on children and adolescents, in the case of adopted children and adolescents, it is stipulated that the Migration Officer must record in our information systems the data that appears in the adoption sentence, this so that in subsequent departures from the country of the NNA the sentence is not requested again.
In the case of an adoption process, the procedure states that “(…) when leaving the country for the first time with the adopted minor, they must present the adoption sentence issued by the family judge, which must be enforceable, and likewise accompanied by the travel document of the minor and the civil registry”. Therefore, it is necessary to have the original document, of which good faith is always presumed, in accordance with the principles that govern legality.
For the situation raised by the citizen, the Colombian Migration officer, in the exercise of his functions and powers, advanced the immigration control process in accordance with current regulations and in adherence to the law, requesting the supporting and necessary documentation as it was the first time. that the minor was leaving the country as an adopted child, this in order to guarantee compliance with the requirements for a minor to leave the country.
Finally, the immigration authority recommends that fathers and mothers of Colombian minors who are going to leave the country, previously review the requirements demanded by law to avoid difficulties in the immigration process.