Please note that this English translation is for informational purposes only, and is neither authoritative nor definitive. The authoritative document in Portuguese on which this translation is based can be accessed through the link at the end of the post.
Birth Certificate
What is it?
It is the first registration of an individual, essential for them to be recognized as a citizen. It is necessary for any other registration or for issuing documents of various types.
How is done?
All births occurring in national territory must be registered. Registration is carried out by the Official Civil Registry of Natural Persons office (“Cartório”), in the district where the “newborn” was born or where the parents reside.
Deadlines
All births occurring in national territory must be registered within 15 days, extended for another 45 days if the mother is the declarant. In addition to the deadline when the mother declares the birth, the law provides for another possibility of extension: when the distance between the place of birth or home is greater than 30 km from the headquarters of the service. In this case, the deadline is extended by up to three months (article 50 of Law 6,016/1973). After the registration period has elapsed, only the service of the jurisdiction of the interested party's residence will be competent, in accordance with article 46 of Law 6,015/1973.
Fines
The original text of the Public Records Law provided for the collection of fines for records made outside the legal deadline, with payment waived for the poor interested party. However, Law 10,215/2001 established that registrations made after the deadline had expired were free of charge, respecting Law 9,534/1997, which established birth registrations free of charge.
Necessary documents
– “Declaration of Live Birth” (“Declaração de Nascido Vivo”,DNV), provided to the parents of newborns by the respective maternity wards and hospitals;
– Identity card of the person(s) appearing at the registry office;
– If only one of the spouses is present, it is necessary to present the marriage certificate;
a) Filiation resulting from marriage
The declaration for registration can be made by only one of the parents when the father is married to the mother. Maternity is always certain, while paternity results from an act of recognition or the relative legal presumption of paternity through marriage (180 days after the marriage and up to 300 days after the dissolution of the conjugal partnership).
b) Filiation outside of marriage
When the parents are not married, they must appear in person at a notary's office or through a special power of attorney, so that their names appear as the registrant's parents. Another option is for just one of them to appear, but with a declaration of recognition of paternity (by the father) or consent to the registration (by the mother), requiring signature recognition.
Birth Occurred at Home
When the birth takes place at home, in addition to personal documents, two adult witnesses who are aware of the birth must be present at the registration ceremony. The people who can declare the birth are:
– The father or mother;
– The closest relative, being an adult;
– The doctor or midwife who attended the birth;
– The administrator of the hospital where the birth took place;
– A suitable person, who attended the birth, if it did not occur either in the hospital or at the mother's home;
The person responsible for the custody of the registrant.
Father and mother under 16
If the mother is under 16 years of age, she must be accompanied by her parents or legal representative when registering the birth. When the father is under 16 years of age, the birth declaration can only be made with judicial authorization.
Changing the name of the registrant
After the birth registration has been made, any change to the registrant's name can only be made with judicial authorization. To avoid future complications, it is important that parents, or the person responsible for registration, are attentive and clear at the time of registration, when informing the registrar of the registrant's name and surname.
Registration for people over 12 years old
For those over 12 years of age, the request for late registration is first addressed to the Registration Officer in the district of the interested party's residence, with subsequent referral to the Permanent Magistrate's Court.
Precautions – Documents not accepted as identification
– It is essential for birth registration that the declarant is identified.
– Any tampering with the Declaration of Live Birth (DN) is subject to legal punishment
– Taking a DN from a hospital or maternity ward is a crime.
– It is important to exercise caution on the part of the registrar when confirming the authenticity of the DN with the hospital/maternity ward.
– If the registrar has any doubts regarding the declarant - The documents below are NOT valid as identification documents:
– Reservist certificate;
– Work permit;
– Identity cards
Subsequent change or rectification of the name on the identification document, due to marriage, divorce or other reasons, does not prevent registration. However, the interested party must present a civil registration certificate proving the change or rectification of name. If the identification document contains a material error regarding the name, the declarant may present a civil registration certificate proving the error, thus prevailing the form contained in the certificate.
Multiparenting and socio-affective paternity
Provision No. 63/2017, published by the National Justice Inspectorate, authorized the voluntary recognition of socio-affective paternity or maternity before civil registration officers. Therefore, a court decision is no longer necessary for the registry office to include a socio-affective father or mother in the birth registration. In this way, the possibility of multiparenting was also recognized, limited, in the extrajudicial scope, to the inclusion of two fathers and two mothers (other additions, only through judicial process).
Procedure:
To carry out the recognition, the interested party must go to a civil registry office with an identity document with a photo and the birth certificate of the child to be recognized. The father or mother (socio-affective) must be over 18 years old, with marital status being irrelevant. Recognition may be carried out at a registry office other than the one where the child to be recognized was originally registered.
If the child is under 12 years of age, the consent of the biological parents will be required.
And if the child to be recognized is over 12 years old, the child must agree or not, by signing the specific document.
How much does it cost?
Birth registration, as well as the first certificate, is free (Federal Law 9,534/1997).
Authoritative Document: https://www.anoreg.org.br/site/atos-ext … ascimento/
