The legal personality is acquired at the moment of full birth and life, through the registration that proves the determining fact, which is the birth.
Therefore, all births occurring in Portuguese territory must be verbally declared within 20 days at any civil registry office or, if the birth occurs at a healthcare unit where it is possible to declare the birth, until the mother is discharged from the healthcare unit. The birth certificate is thus the fundamental registry document, where all subsequent life facts subject to registration will be recorded. Among the elements in this certificate, the full name of the registered individual stands out due to its evident importance.
WHERE CAN THE BIRTH BE DECLARED?
At any civil registry office or at healthcare units where the mother is located or transferred to, as long as the “Nascer Cidadão” project is installed in the healthcare unit.
CHOICE OF THE CHILD’S NAME:
Article 1875, no. 2 of the Civil Code states that: "the choice of the child's first name and surname belongs to the parents; in the absence of agreement, the judge will decide, in accordance with the child's best interest."
The parents are the primary holders of the right to choose the child’s name, a right that must be exercised together and not individually. Although the declaration made at the time of birth registration can be done by both parents, one of them, or any person with the legitimacy to declare the registration.
WHAT IS THE CHILD’S PLACE OF BIRTH?
The place of birth may be the location where the birth occurred (e.g., the parish and municipality of the hospital or maternity facility), or the place, within Portuguese territory, where the mother habitually resides at the time of birth, and the option lies with:
- The parents;
- Any person entrusted by them to make the declaration; or
- The person who has custody of the child.
In case of disagreement between the parents, the place of birth will be the child’s place of birth.
For a birth that occurred in a healthcare unit abroad, under a protocol with the Portuguese State, the place of birth is considered to be the place, in Portuguese territory, of one of the parents’ habitual residence at the time of birth.
WHO IS LISTED AS THE MOTHER AND FATHER OF MY CHILD?
MATERNITY
If the birth occurred less than one year ago, the person designated as the mother is considered the mother.
If the declaration was not made by the mother, or the mother's husband, the content of the birth certificate is communicated to the mother by the registry office that registers the birth. If the birth occurred more than one year ago, the declared maternity is considered established if the mother was the declarant, if present during the registration, or represented by an attorney with special powers, or proof of maternity declaration in a deed, will, or judicial record is presented.
If the above conditions are not met, the mother is notified to declare the maternity within 15 days, otherwise, the child will be assumed to be hers. If the maternity is denied or the mother cannot be notified, the mention of maternity will be void. If the birth certificate does not state maternity, it can be declared later.
PATERNITY
When the mother is married:
The law considers the husband of the mother to be the father unless she declares during registration that the child is not the husband's. In this case, the presumed paternity is not recorded, and voluntary acknowledgment of paternity can be accepted.
When the mother is not married:
If the father is present and declares that he is the father, his name will be recorded. If the father is not present, the birth registration will not include the paternity mention, and the child can be subsequently acknowledged.
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