Inscripción de Nacimiento

What Chilean Law says about the Inscripción de Nacimiento

The registration of birth is regulated by Law No. 4,808, on Civil Registry and Decree with Force of Law No. 2.128, of August 30, 1930, which contains the Organic Regulations of the Civil Registry, with the amendments of Law No. 19,585. Its text was consolidated, coordinated and systematized by the Decree with Force of Law No. 1 of the Ministry of Justice of 2009.

The application for registration of the birth can be either verbally or in writing.

Article 28 of Law No. 4,808, on Civil Registry, states categorically that within 60 days from the date on which the birth occurred, registration must take place.

"Within the term of sixty days, counted from the date on which the birth occurred, the registration of the newborn child must be made, at the verbal or written request of any of the people indicated by the following article. "

According to article 29 of the law, the following persons are required to register the birth:

  • The father, if he is known and can declare it;
  • The next relative over 18 years of age, who lives in the house where the birth occurred;
  • The doctor or midwife who has attended the birth; or, failing that, any person over 18 years of age;
  • The head of the public establishment or the owner of the house in which the birth occurred, if it occurred in a place other than the parents’ room;
  • The mother, as soon as she is in a condition to make said declaration;
  • The person who has picked up the abandoned newborn; Y
  • The owner of the house or the head of the establishment within whose premises the “exposure” of some foundling has been made.

In addition, the registration of the birth of a child may be required within 30 days after birth, only by the father or mother, by themselves or by proxy. After this period, the other persons indicated above are obliged to request such registration.

The birth certificates must contain, in addition to the indications common to all registrations, the following.

  • Time, day, month, year and place where the birth occurred;
  • The sex of the newborn;
  • The name and surname of the child, which indicates the person who requires the registration; Y
  • The names, surnames, nationality, profession or occupation and address of the parents, or those of the father or mother who recognizes or has recognized him. The names and surnames of the mother shall be recorded, even if there is no acknowledgment, when the declaration of the applicant coincides with the voucher of the doctor who attended the birth, with regard to the identities of the husband and the woman who gave birth.

In the registration of the birth, the mother or both may recognize the child as their own.

The Civil Registry Officer must leave a statement, in the birth registration, of the statements that the parents or their representatives make in accordance with No. 1 of Article 187 and the first paragraph of Article 188 of the Civil Code; certify the identity of the applicant and require him to stamp his signature; or, if you can not sign, print your digital print.

Likewise, the Civil Registry Officer must inform the mother or the person who registers a child of undetermined parentage, the rights of the children to claim the legal determination of paternity or maternity and how to enforce them through courts.

In order to request the registration of the birth of a child of matrimonial affiliation, the family’s notebook or a marriage certificate of the parents and a proof of the birth must be kept; that is, a medical certificate. In the event that there was no proof of birth, you can prove the fact of birth, by two competent witnesses, over 18 years.

However, in the case of a child of non-marital affiliation, the persons who are obliged to request it may apply for registration.
If the parents require it or one of them, they can recognize it as a child. The fact of the birth is verified in the same way as in the case of the son of matrimonial filiation.

Article 110 of the Organic Regulations of the Civil Registry, states that the registration of births, marriages or deaths of Chileans abroad, will be made in the Registries of the First District of the Commune of Santiago.

The respective consul will send the original documents, duly legalized, to the Ministry of Foreign Affairs, where that authenticity will be certified, and then send them to the Curator of the Civil Registry, so that the latter may order the corresponding registration.

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