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.
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.
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.
- You can be processed from the medical institutions 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
- Law 19/2015, of July 13, administrative reform measures in the field of the Administration of Justice and the Civil Registry
- Articles 40-46 of the Civil Register Act, dated 8 June 1957.
- Articles 165-170 of the Civil Register Regulations, dated 14 November 1958.
- Articles 76-78 of the Civil Register Regulations regarding the transfer of the registration.
- Order dated 10 November 1999 on the questionnaire for the declaration of birth at the Civil Register.
- Instruction dated 26 March 1963, from the Department of Registers and Notaries, on proof of birth and relationship without registration.
- Order dated 31 October 1979, on the calculation of the period for registering the birth.
- Circular dated 29 October 1980, from the Department of Registers and Notaries, on the late birth registration file (in compliance with the Agreement dated 2 October 1980 from the Congressional Justice Commission).
- Circular dated 11 May 1988 (Justice) on the transfer of birth registrations.
- Circular dated 2 June 1981, from the Department of Registers and Notaries, on the registry consequences of the new legal relationship scheme.
- Agreement dated 14 September 1961 on the extension of the authority of qualified civil servants to authorise the recognition of children born outside marriage. Spanish Instrument of Accession, dated 22 June 1987.
- Agreement number 6 from the International Commission on Civil Status (ICCS), regarding the determination of maternal relationships for children born outside marriage, reached in Brussels on 12 September 1962. Instrument of Accession, 27.1.84
- Circular dated 11 April 1978, from the Department of Registers and Notaries, on registering births that occur outside of Spain and Spanish citizenship for the affected parties.
- Law 24/2005, dated 18 November, on reforms to enhance productivity: Additional Provisions Seven and Eight. Modification of articles 16 and 18 of the Law dated 8 June 1957, which regulates the Civil Registry Offices (PDF. 774 KB)
- Instruction issued by the Directorate General of Registry and Notary Offices dated 28 February 2006, on the competency of the Municipal Civil Registry Offices in matters related to obtaining Spanish citizenship and ... (PDF. 245 KB)