Argentina: Procedures governing the issuance of birth certificates in Argentina, particularly in Mendoza and Buenos Aires; whether the police would be involved in the delivery of birth certificates (2000 - November 2001)

Individuals wishing to register a child's birth in Mendoza may do so between the hours of 8:00 and 13:00 at "departmental offices" (oficinas seccionales) located throughout the province (Gobierno de Mendoza n.d.a).

If the child is less than one year old, those registering the birth are required to present, in addition to the 15 peso (CDN$23.81) fee, their identity documents; marriage certificate (if applicable); the child's infant health book (libreta de salud infantil); and statement of live birth (certificado de nacido vivo) bearing the stamps of both the hospital and presiding physician (ibid.). Should they also wish to obtain a birth certificate, they must pay an additional fee of 2 pesos (CDN$3.17) (ibid.). According to the Mendoza provincial government Website, departmental offices can process a birth registration request within approximately 45 minutes (ibid.).

If the parents are married, either the mother or the father can register the child's birth provided they bring all the necessary documentation (ibid.). However, should the parents not be married, or should it be the parents' wish that their child carry the mother's surname, both the mother and the father must be present to sign the record of birth (acta de nacimiento) (ibid.). In cases where a single mother presents herself without the father, the child would be registered under the mother's name (ibid.). If the child was born outside of hospital, those registering the birth must bring with them two witnesses carrying identity documents (ibid.). Furthermore, in cases where the mother is less than 14 years of age, she must register the birth in the company of her parents, who are required to present their own identity documents (ibid.).

If an individual's birth was not registered before his or her first birthday, a procedure different from the one outlined above must be followed. In this case, either one of the parents, if the child is less than 21 years old, or the child himself or herself, if 21 years of age or older, must submit a birth registration application form at a departmental office, along with the statement of live birth (if available), identity document and fee of five pesos (CDN$7.94) (ibid. n.d.b). The completed application form is then sent to the Civil Registry's central office, which consults its archives before issuing a birth certificate (ibid.). The applicant must then return to the departmental office in order to pick up the certificate, which he must take to a provincial judge for the "definitive registration" (inscripción definitiva) of the birth (ibid.).

In a 31 October 2001 interview, a zonal inspector of the Civil Registry of the Province of Mendoza (Registro del Estado Civil y Capacidad de las Personas de la Provincia de Mendoza) stated that parents requesting a birth certificate while registering the birth of their child would be issued with one while they waited in the office. If the parents or child wished to obtain a birth certificate at a later date, they could do so by completing an application form in a departmental office, showing their national identity card and paying a fee of five pesos (ibid.). Should the applicant wish to have the birth certificate notarized, he or she would be required to pay an additional five pesos (ibid.). In a 1 November 2001 interview, the zonal inspector indicated that it normally takes between two and three days to issue a birth certificate under these circumstances, with the requester required to return to the office in order to pick it up when it is ready. However, the zonal inspector added that in urgent cases office staff may agree to issue a birth certificate while the requester waits in the office (ibid.). The zonal inspector further stated that police are never involved in the issuance or delivery of birth certificates (ibid.).

Regarding the City of Buenos Aires, in a 1 November 2001 interview the chief of the Registration Division of the Civil Registry of Buenos Aires (Registro del Estado Civil y Capacidad de las Personas de la Ciudad de Buenos Aires) stated that parents must register the birth of their child within 40 days. To do so, they must go to the Civil Registry office with jurisdiction over the area where the child was born, bringing with them the certificate of live birth, the national identity cards of both parents, along with the parents' marriage certificate (ibid.). If the parents are married, either the mother or father can register the birth (ibid.). However, if they are not married, both must be present in order to sign the record of birth (ibid.). They are also required to pay a 15 peso fee, which also entitles them to receive one birth certificate (ibid.). According to the chief of the Registration Division, it takes one week to issue the birth certificate, which must be picked up at the Civil Registry office (ibid.). Should the parents wish to obtain a copy of the birth certificate at a later date, they must present themselves in person at the Civil Registry office, show an identity document, pay a 15 peso fee, and provide information on the child in question (ibid.). The birth certificate would then be ready to be picked up one week later (ibid.).

The chief of the Registration Division stated that the police are neither involved in the issuance or delivery of birth certificates (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Gobierno de Mendoza. n.d.a. "Guía orientadora de trámites: inscripción de nacimiento." [Accessed 31 Oct. 2001]

_____. n.d.b. " Guía orientadora de trámites: certificado de no inscripción de nacimiento. " [Accessed 31 Oct. 2001]

Registro del Estado Civil y Capacidad de las Personas de la Ciudad de Buenos Aires, Buenos Aires. 1 November 2001. Telephone interview with chief of Registration Division.

Registro del Estado Civil y Capacidad de las Personas de la Provincia de Mendoza, Mendoza. 1 November 2001. Telephone interview with zonal inspector.

_____. 31 October 2001. Telephone interview with zonal inspector.