Spain: Birth Registration
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Birth Registration in Spain
- What is it?
- Who can request it?/present
- Delivery periods
- Further information
- How to request it/present
What is it?
Birth or delivery is deemed as the moment at which a person has a life of their own, independent of the mother’s womb.
Birth registration is the registration entry issued by the civil registrar, which certifies the fact of birth, the date, time and place in which they occurred, identity, sex and, where appropriate, of the affiliation enrolled. The birth is legally effective from the moment it occurs, but it requires registration in the Civil Register for full recognition.
Therefore, the birth registration is considered the act by which the required individuals report the event to the responsible authorities at the corresponding Civil Registers.
The birth registration shall include, specifically:
- Name given to the new-born.
- The date, time and location of the birth. In the case of multiple births, when the exact time is unknown for each new-born, indication shall be given of the order in which they were born, or that this could not be determined.
- Whether the new-born is male or female.
- Parents, when legally stating affiliation and where possible, the following circumstances of the parents: name, national identity card or passport ID and abroad, where appropriate, place and date of birth, marital status , address and nationality.
- The number assigned to the birth or verification file.
- The time of registration.
Who can request it?/present
They are obliged to promote birth registration:
- The management of hospitals, clinics and health facilities.
- The doctor or nurse who has attended the birth, when it has taken place outside health facility.
- Parents. However, in case of resignation to child during birth, the mother will have no obligation, to be assumed by the related public agency.
- The closest relative or, failing that, any adult person present at the place of delivery at the time it occurs.
Delivery periods
The deadline for submitting the communication of birth from the health center is 72 hours from birth. When for any reason not been returned within the document, mandated to promote the registration shall have ten days to report the birth to the Office of Civil Registry. However, this period could reach 30 days when good cause is credited. After that period, a late birth registration file must be processed before the Registrar or Acting Registrar of the corresponding Civil Register.
Births may also be registered with certifications of register entries issued by foreign Registry Offices, in lieu of the aforementioned file, as long as there is no doubt as to the authenticity of the registered event and its legality under Spanish law.
Further information
Dated July 14, 2015 was published in the Official Gazette, the Law 19/12015, of July 13, administrative reform measures in the field of Administration of Justice and the Civil Registry, which includes three-second article the ability of citizens to communicate electronically from health facilities birth of their children. This measure will facilitate procedures for citizens registration of births, avoiding in most cases move to the Registrar. It is a measure included in the modernization plan of the Ministry of life to simplify the citizen Justice.
October 15 will start at least one health center in each region, and subsequently deployed to other health centers that will be adhering to the measure.
With this measure, the application for registration of newborns is made directly from the health centers where parents, assisted by administrative health centers, will sign the official “form” statement certifying that the optional part of the birth will be incorporated is to be sent electronically from the Health Centre to the registry. There will therefore be necessary in most cases personally go to the Registry Office for registration of the child.
To do so, within 72 hours of birth, citizens, witnesses or parents who want to communicate a birth from a health center should be identified at the center with a valid document to present the marriage certificate, marriage certificate or signed the “Declaration” of marriage on the official form, if the filiation is matrimonial; or sign the “Declaration” paternity contained in the official form if the affiliation is not marriage.
The Health Centre sent to the Civil Registry all the documents necessary to practice birth registration so the parents not not need to move to Civil Registry unless the documentation submitted contains any error, omission or inaccuracy that requires subsequent correction. Once practiced registration, the Civil Registry sent to the parents (preferably electronically) a literal birth certificate with which can perform the administrative procedures that need to other administrations.
Frequent questions
- Can it be processed from the medical institutions by request for registration of all births assumptions?
- Although you can apply for registration from health centers, there are certain assumptions that the law requires Civil Registry in person to the same in most of the cases of births. This applies to cases requiring the destruction of presumption of paternity marriage; when either parent is a minor or has the ability judicially amended; in the case of non-marital births of children in the case of absence, death or incapacity of the father, mother or both; when both parents are foreigners of different nationalities; or when the mother has abandoned the child.It also can not be processed in cases where the Registrar or the Health Center does not have the technical means to communicate electronically.
- Is it possible to report the birth at any Civil Registry?
- It may inform the competent civil registry in accordance with the law of Civil Registry, except the assumption that the Register does not have the technical means to communicate electronically.
- Shall parents then go to the Civil Registry?
- Communication from the Health Centres Registry sends all necessary documents to practice birth registration so you do not need to move to parents unless the Civil Registry documents sent containing an error, omission or inaccuracy that requires subsequent correction . Once practiced registration, the Civil Registry sent to the parents (preferably electronically) a literal birth certificate with which can perform the administrative procedures that need to other administrations.
- When do I get the literal birth certificate?
- Once practiced registration, the Registrar sent to the parents (preferably electronically) a literal birth certificate with which can perform the administrative procedures that need to other administrations.
- How the family book updated?
- With the new regulation is not necessary to update the family book, can present himself with the literal birth certificate. But parents who are interested can go to the registry office voluntarily to update the Family Book.
- Can I perform the procedure in the Civil Registry?
- The new system of electronic communication from health facilities may be used by parents voluntarily thus avoid trips to the Civil Registry. However, they can process your application in person at the Registry Office in the manner and deadlines that have been traditionally done.
- Who can make the application?
- If marriage can make the request anyone documentary proof the existence of marriage (the marriage certificate, for example). In the absence of this accreditation can apply both parents. In the absence of marriage application should be performed both parents, if the father acknowledges paternity, or mother or other respondent, if only maternal filiation is determined.
- How long do I have to register for?
- Communication from health centers should be conducted in full within 72 hours of birth. When for any reason not been returned within the document, mandated to promote the registration shall have ten days to report the birth to the Office of Civil Registry. After this period, the application must be made in person competent Civil Registry.
- How much will it cost to process the request from the Health Centres?
- The processing of the request from the health centers is free, as all the proceedings of the Civil Registry.
- What documents should I bring?
- To apply it is sufficient to submit the medical certificate of birth given in the same health center and the identity of parents and respondents. In case of marriage, family book launch will prevent the application has to be signed by the mother.
- Can I request enrollment in any health center?
- In principle only requests may be made from those health centers, with technical means are discharged from the system in DGRN. October 15 will start with a series of health centers and subsequently deployed throughout the national territory.
Registration of birth as a result of the acquisition of Spanish nationality
The granting of Spanish nationality is collected outside the corresponding birth registration. Therefore, when the foreigner who acquires Spanish citizenship not figure registered in the Spanish Civil Registry has previously proceed to registration of birth. In these birth certificates that result from the acquisition of Spanish nationality by citizens whose birthplace is a foreign country, interested parties may request, at the time of getting up the minutes of oath or pledge of allegiance to the King and obedience to the Constitution and the laws, which extends birth registration in the Municipal Civil Register of their domicile has been instructed timely registration dossier. Otherwise it will be to the general rule provided for in Article 16 of the Civil Registration Act and Article 68 of Regulation that develops, according to which “births […] shall be registered in the Municipal Register or Consular site that befall […]. When competent Consular Registry, if the promoter is domiciled in Spain, should take place before registration in the Central Registry […]”.
In the “Associated documents”, you can access additional information concerning applications for registration of birth to the Central Civil Registry and download the data sheet declaration.
How to request it/present
- In person in:
Civil Registry
Health center (available starting October 15)
Civil Registry
Required documents
The requirements for registering the birth include:
Children from marriage:
In this case, a declaration is required from whomever has certain knowledge of the birth, which must be made by the father, the mother, the grandparents, aunts or uncles, cousins or the brothers/sisters-in-law of the new-born, providing the following documentation:
- Medical delivery report (this form is provided by the hospital where the delivery took place).
- D.N.I. (National Identification Card) of the parents and the Family Book (or marriage certificate duly legalised and translated, as appropriate).
Children born out of marriage:
In this case, a declaration is required from the parents, with the father and the mother going to the register in person, providing the following documentation:
- Medical delivery report (this form is provided by the hospital where the delivery took place).
- Their respective D.N.I.s.
- Indication of the mother’s marital status.
- If a prior marriage existed, the legal presumption of paternity must be removed by providing: Marriage certificate (with the corresponding note), and the separation or divorce decree (witnessed).
- In the case of a de facto separation, two witnesses must accompany the interested party to the Register.
BIRTH REGISTRATION APPLICATIONS BEFORE THE CENTRAL CIVIL REGISTRY OFFICE:
- Direct registration of Spaniards born abroad
- Registration as a Spanish citizen for foreign wives of Spaniards, prior to Law 14/1975, dated 2 May
- Birth registration with registration of Spanish citizenship by option
- Birth registration with registration of Spanish citizenship by reinstatement
- Birth registration with the registration of Spanish citizenship by residency or letter of naturalisation
- Registration of birth and adoption abroad
Where to process it
At the Civil Registry Office corresponding to the applicant’s domicile or at the registry office responsible for the registration.
Where should the birth be registered?
In general:
- At the Civil Register for the location in which the birth occurred. If the location is unknown, the birth registration is processed at the Register corresponding to the place where the abandoned child was found.
- Despite the above, the births occurred in Spanish territory, where registration is requested within the deadline, may register at the Municipal Civil Registry corresponding to the parent or parents legally known address.
The request shall be made by agreement, by the legal representatives of the child or, if appropriate, by the sole legal representative of it, accompanying the request documentation regulations established to justify the common domicile of the parents or the single parent known.
In the extended birth registration as a result of the provisions of this section shall be deemed for all legal purposes the birthplace of the municipality is registered in which the seat has been performed. The certificates will extract only mention of this municipality.
Special cases:
- The responsible Register for registering births while travelling will be the one corresponding to the location in which it occurred (Civil Register of the location where it took place).
- At the Central Civil Registry Office, in the cases mentioned under the previous heading (BIRTH REGISTRATION APPLICATIONS BEFORE THE CENTRAL CIVIL REGISTRY OFFICE).
Health center (available starting October 15)
Required documents
The requirements for registering the birth include:
Children from marriage:
In this case the declaration of who had some knowledge of birth is required, being obliged to promote birth registration:
- The management of hospitals, clinics and health facilities.
- The doctor or nurse who has attended the birth, when it has taken place outside health facility.
- Parents. However, in case of resignation to child during birth, the mother will have no obligation, to be assumed by the related public agency.
- The closest relative or, failing that, any adult person present at the place of delivery at the time it occurs.
It must be provided the following documentation:
- Doctor of birth (this form is provided by the hospital itself where it took place).
- Proof of identity of the parents and, where applicable, reporting, valid and in force.
- Family Book (or proof of marriage duly legalized and translated if any) or declaration of marriage be signed by both spouses.
Children born out of marriage:
In this case the declaration of both parents is required, the following documentation:
- Doctor of birth (this form is provided by the hospital itself where it took place).
- Their respective documents proving identity valid and in force.
Where to process it
In the office of patient care the clinic where the birth takes place.
Term
The deadline to report the birth to the competent civil registry goes from the moment it occurs within 72 hours, after which time it must go in person to the office of the competent civil registry within 10 days (30 days if average justified) cause.
Where should the birth be registered?
The Health Centre informs the competent Civil Registry the application form and it is this which finally takes as long as the information provided in the declaration and supporting documentation are correct and valid. Until the registration does not occur, the responsibility to register the newborn by their parents are not extinguished.
Assumptions excluded
In the following cases, the communication can not be made from the Health Centre and is mandatory before the competent Civil Registry in person for registration
- If there previous marriage of the mother and necessary destroy the legal presumption of paternity of the husband.
- If either parent is a minor or has the ability judicially modified.
- In the case of children born outside marriage in the case of absence, death or incapacity of the father, mother or both parents.
- Children of two foreign parents of different nationalities.
- If the mother has abandoned the child.
- It also can not be processed in cases where the Registrar or the Health Center does not have the technical means to communicate electronically.
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