Regulation No. 1489/2017 replaces Section 2 of ADM Regulation No. 4880/2015, which established as a necessary requirement to grant the permanent residence to a minor, requiring the express consent of both parents, in cases where the child has two parents.
The new text of the norm establishes as a sufficient requirement to grant the permanent residence to a minor, to require the express consent of only one of the parents, in cases in which the child has two parents and provided that there is no evident conflict of any nature that may affect the best interest of the child or the other parent's express opposition.
The modification is established in accordance with Section 645 of the Argentine Civil and Commercial Code (ACCC), which states the acts that require, in the cases of children with both parents exercising their parental responsibility, the authorization of both parents, among which, subsection c) stipulates the authorization for the child to leave the country or to change permanent residence abroad, not including the requirement of double consent to manage an immigration regularization process of a foreign minor in the country, nor for entrance to the Argentine Territory. Unless expressly opposed by the other parent (pursuant to Section 641, subsections a) and b), ACCC), the authorization of one of them will be sufficient to manage a migratory benefit in the country, as well as their entrance. This is provided there are no exceptional circumstances under the special regulation requiring intervention of the minors' entrance and exit.
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