The right to birth registration
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According to article 9 of Nº32/2016 of 28/08/2016 of the law governing persons and family, everyone begins to enjoy his/her civil rights as soon as they are conceived. In order to exercise the civil rights, each person does so under the name assigned to him/her in his/her birth record, says article 12 of the law governing persons and family.
In order to have a birth record, article 100, paragraph one of the law governing persons and family says, “Every child must be declared within thirty (30) days after birth.” This declaration is made by the child’s parents or guardians. If they are not available, any person who has witnessed the birth of the child can make a declaration of birth.
The declaration, according article 100, paragraph three of Nº32/2016 of 28/08/2016, is made by presenting a medical birth certificate or obtaining a birth certificate from the area where the child was born. The birth certificate indicates the names of the child’s parents, date of birth and two witnesses who are eighteen years or older.
Even if the parents of a child are not known, that child has a right to be registered. Article 102 paragraph one of the law governing persons and family says, “Any person who finds an abandoned new-born child whose father and mother are unknown, is bound to register its birth within thirty (30) days with the civil registrar of the place where the child was found, who issues a provisional birth record.”
For a child whose parents are not married, it is important for both parents to acknowledge that the child is theirs before both of their names are included on the birth certificate. This is according to article 103 of Nº32/2016 of 28/08/2016 the law governing persons and family.
“Everyone has the right to be given a copy or extract of his/her birth record,” says article 105 paragraph one of the law governing persons and family. The only other people who are allowed to have a copy of someone’s birth record are parents, guardians, children, spouses,and legal representatives. Other people must obtain permission by law.
Parents who request for a record of birth after having failed to declare a child’s birth within thirty days will be fined. This is according to article 105 paragraph three of the law governing persons and family. However, article 105 paragraph four ofNº32/2016 of 28/08/2016 says, “in case the child requesting a birth record has no parents, he/she receives the record without paying the fine.”
The reason why it’s important to declare and record births is that there are some special provisions within the law for different groups of people. For example, children have special rights under the law relating to the rights and the protection of the child. In order to enjoy those rights, there has to be proof of age.
At the same time, basic information such as name, age, and sex is important when one falls sick and requires treatment.