REGISTRATION OF BIRTH*
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Institutii
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The registration of birth is carried out as a result of a verbal declaration by the persons provided for in art. 16 of Law no. 119/1996, republished, with subsequent amendments and completions, or ex officio, by the civil status officer within the S.P.C.L.E.P./the city hall of the administrative-territorial unit in whose jurisdiction the event occurred or, as the case may be, as a result of a verbal declaration of the persons provided for in art. 16 of Law no. 119/1996, republished, with subsequent amendments and completions, by the civil status officer within the diplomatic mission or the career consular office accredited to exercise consular functions in the state on whose territory the event occurred.
In the situations provided in art. 3 para. (8) of Law no. 119/1996, republished, with subsequent amendments and completions, the registration of the birth is done in S.I.I.E.A.S.C. by the civil status officer within the S.P.C.J.E.P. at their headquarters, based on the documents existing in S.I.I.E.A.S.C. or presented by the declarant or the civil status officer from S.P.C.L.E.P. or, as the case may be, from the city hall of the competent administrative-territorial unit; the first copy of the birth records is sent, in the original, with cover letter, to S.P.C.L.E.P. or, as the case may be, to the city hall of the competent administrative-territorial unit, in order to constitute the Civil Status Registry, first copy.
The birth declaration can be made at any S.P.C.L.E.P., or the city hall within the administrative-territorial unit where S.P.C.L.E.P. are not established, which will forward the electronic file to the competent civil status officer.
In the birth records, the birth of the live-born child and the birth of the stillborn child are registered.
The registration of the birth of twins is done by drawing up separate birth certificates for each child. The same procedure applies in the case of conjoined twins.
The deadline for declaring the birth of a child is:
a) 30 days from the date of birth, for the live-born and living child;
b) 3 days from the date of birth, for the stillborn child;
c) 24 hours from the date of death, for a live-born child who died within 30 days;
d) 30 days for a child found or abandoned by the mother in a maternity/health unit.
The deadlines provided at a), b), and d) are calculated from the date of birth, respectively the finding or, as the case may be, the drafting of the report of abandonment confirmation and include both the day of birth, respectively the finding or the drafting of the report of abandonment confirmation, and the day on which the declaration is made.
The ex officio registration is done on the last day of the declaration period, based on the medical certificate of birth, communicated electronically by the issuer, as well as the checks made in S.I.I.E.A.S.C. and R.N.E.P.
Registration of birth within the time limits provided in a) and c) is made based on the following documents:
a) the medical certificate of birth, drawn up in Romania on a standard form, which must contain a registration number, a certain date, and the doctor's signature, and abroad, in accordance with the law of the state in whose territory the birth occurred;
b) the medico-legal expertise containing registration number, a certain date, and the doctor's signature, as well as the sex and date of birth of the person in year/month/day format, in the absence of the certificate provided at a);
c) the mother's identity document and, as appropriate, the declarant's, if the birth is not declared by the mother;
d) the parents' marriage certificate, in original, issued based on the marriage certificate filed/transcribed in Romanian marriage registers, and if they have different family names, the written declaration regarding the family name the child will acquire, given by both parents before the civil status officer or notary;
e) the declaration of recognition of the child born out of wedlock, given by the father before the civil status officer, from which should also result the family name the child will acquire, to which shall be attached the mother's consent regarding the family name; a minor father who has reached the age of 14 can acknowledge his child alone if he proves discernment at the time of recognition by a psychiatric evaluation;
f) the declaration of recognition of the child given by the mother before the civil status officer, in the case that medico-legal expertise is presented, in the absence of a birth medical certificate.
In the situation where one or both parents are foreign citizens or stateless, the registration of birth is based on the documents provided above, as well as the following:
a) the passport of the foreign citizen parent/parents or stateless parents, or the identity document for citizens of the European Union Member States, the European Economic Area, or the Swiss Confederation, or, as appropriate, the identity document issued by I.G.I., in the original. In the case of foreign citizens whose identity/travel documents do not have data entered using the Latin alphabet, a legalized translation into Romanian of the page containing the person's identification data is required; if from the foreign documents presented it is not clearly indicated which is the family name and which is the given name, a notarized declaration in this regard is required;
b) the marriage certificate or extract of the child's parents, in original, accompanied by the legalized translation into Romanian or the standard multilingual form or the multilingual extract of the marriage certificate, in original, when the marriage was registered by the competent foreign authorities and there is no obligation for transcription of the marriage certificate;
c) a declaration by the parent/parents who are beneficiaries of a form of international protection in Romania or, as the case may be, asylum seeker(s) before the civil status officer or notary public, in the situation where he/she/they cannot present the marriage certificate issued by the foreign authorities before which the marriage was officiated.
In the situation where both parents are under 14 years of age, the document provided at a), the mother's birth certificate, and the identity document of the parent, guardian, or, as the case may be, legal representative of the mother, or the declarant, if the declaration of birth is not made by the parent, guardian, or, as the case may be, legal representative of the mother, are required.
If the mother of the child is under 14 years of age and the father does not acknowledge the child, the document provided at a), as well as the following, are required:
a) the mother's birth certificate;
b) the identity document of the parent, guardian, or, as the case may be, legal representative of the mother or the declarant, if the declaration of birth is not made by the parent, guardian, or, as the case may be, legal representative of the mother.
If the parents' marriage was registered by the competent foreign authorities and the marriage certificate was not transcribed in the Romanian marriage registers, the urgent transcription of the marriage certificate/extract/multilingual extract issued by the foreign authorities in the Romanian marriage registers is carried out; the child's birth is registered after the transcription of the parents' marriage certificate.
C.N.P. is assigned only to Romanian citizen children.
If the child's given name shown on the birth medical certificate is different from the one declared or consists of more than three words, the registration of the birth is done based on a written declaration, signed by both parents, given before the civil status officer who registers the act, the notary public, or the diplomatic missions and career consular offices of Romania, stating the child's given name.
In the absence of agreement between the parents regarding the child's family name, the guardianship court decides the child's name and immediately communicates the final decision to S.P.C.L.E.P. or, as the case may be, to the city hall of administrative-territorial units where these services are not constituted, which registered the birth; the birth certificate is issued only after the mention regarding the establishment of the family name by the guardianship court is entered.
If, after registering the child's birth, but before notifying the guardianship court, the parents agree on the family name, it is entered by mention, based on the declaration of both parents, given in front of the civil status officer who registered the act or the notary public.
If the preparation of the birth certificate ex officio by the civil status officer or under the conditions of art. 15 para. (3^1) of Law no. 119/1996, republished, with subsequent amendments and completions, if the parent(s) want(s) to change the child's given name, it shall be entered as a note on the margin of the birth certificate, based on the declaration of both parents, given before the civil status officer who registered the act or the notary public.
The provisions also apply if the civil status officer refused to enter the given name, in accordance with art. 15 para. (2) of Law no. 119/1996, republished, with subsequent amendments and completions, and the parents do not want to choose another given name.
When the birth declaration is made by a foreign citizen, stateless person, or citizen of EU Member States, the European Economic Area, or the Swiss Confederation who does not know Romanian, or by a person with hearing or deafblind disability, the documents required for registration are requested through an authorized interpreter or, as the case may be, authorized interpreter of the sign language or the language specific to deafblind people, a fact recorded in a written report.
If parents have different domiciles, the parent who declares the birth will make a declaration indicating with which parent the child's domicile is.
If someone other than a parent declares the birth, an authenticated statement from either parent, establishing the child's domicile, must be presented; if neither parent is identified at the domicile address through police units in order to declare in writing the domicile, the child is registered in the R.N.E.P. with the mother's domicile.
In the situation where the parent(s) beneficiary/beneficiaries of a form of international protection in Romania or, as the case may be, asylum seeker(s) does/do not hold a passport or identity document issued by the country of citizenship/the passport issued under the 1954 Statelessness Convention, in the case of stateless persons, valid at the time, in the mentions section of the child's birth certificate is the note: "The identity of the parents/father/mother is declared."
The previous provisions apply after prior checks at the regional centers for asylum seekers, to confirm the declared identity of the parent(s).
When registering the birth within the term provided in art. 42 para. (1) a) of Decision no. 255/2024, in the absence of the mother's identity document, the declarant presents:
a) the documents provided in the previous paragraph, as appropriate;
b) a photocopy of the report prepared by the policeman on the checks made at the request of the health unit where the birth occurred, certified for compliance by the health unit representative.
If the birth of the mother is not registered in the civil status registers, to draw up the child's birth certificate the following documents are presented:
a) written declaration of one of the persons provided for in art. 16 of Law no. 119/1996, republished, with subsequent amendments and completions;
b) the report on the identity declared by the mother, signed by the representative of D.G.A.S.P.C. in whose area the health unit is located, by the police representative and by the health unit representative;
c) the medical birth certificate;
d) the identity document of the declarant, if the birth is not declared by the mother;
e) the father's declaration of recognition of the child, as the case may be, indicating the family name the child will acquire, to which the mother's consent regarding the family name shall be attached.
The civil status officer performs the following activities:
a) checks in S.I.I.E.A.S.C., including the R.P.I.D. module, to identify the mother's birth certificate; if the mother's and child's data are not registered in R.P.I.D., the civil status officer sends an address to I.G.P.R. for its update;
b) verifies the declared data of the mother and declarant in R.N.E.P.;
c) prepares a report proposing the issuance of the mayor's decision on establishing the family name and given name of the child. The proposal for setting the family and given names is made considering the data from the medical birth certificate and the declaration mentioned at e), as appropriate;
d) presents the report provided at c) together with the entire documentation to the mayor of the administrative-territorial unit for issuing the decision.
The child's birth certificate is drawn up with the family name and given name set by the decision of the mayor of the administrative-territorial unit where the birth is registered, and the other data are taken from the medical birth certificate; the mother's data section is filled in only with the mother's family and given name from the report provided at b).
On the margin of the birth certificate and in the "MENTIONS" section of the birth certificate, the relevant notes provided in Annex 20 of Decision no. 255/2024 are entered.
The child's domicile is that declared by the mother according to the report provided at b), and in the case of recognition by the father, the child's domicile is established according to legal provisions.
If the report on the identity declared by the mother is identified in S.I.I.E.A.S.C., as its electronic form was entered into the system by a forensic scientist and/or doctor, the civil status officer does not request its presentation.
After 30 days, but within one year from the date of birth, the birth certificate is drawn up upon the written request of the declarant, with the approval of the mayor of the administrative-territorial unit where the event occurred or, as applicable, the head of the diplomatic mission or career consular office accredited to perform consular functions in the state on whose territory the event occurred, within 30 days from the date of application.
For the registration of births after the legal term, the civil status officer applies the provisions of art. 43 of Decision no. 255/2024 accordingly.
Late registration of birth, after one year from the date of birth, is done upon the written request of the declarant, with the approval of S.P.C.J.E.P./D.G.E.P.M.B. and the mayor of the administrative-territorial unit where the event occurred, within 90 days from the date of the request.
If the request for late registration of birth is submitted to another S.P.C.L.E.P./another city hall than the competent one to draw up the act, the report containing the result of the checks and the documents required by law are sent electronically to the civil status officer of S.P.C.L.E.P./the competent city hall to register the birth.
For late registration of the birth of children up to 14 years old, the civil status officer applies the provisions of art. 43 of Decision no. 255/2024 accordingly and checks regarding the person for whom birth registration is requested, as well as their parents in S.I.I.E.A.S.C. and, as appropriate, in R.N.E.P.
If the declarant does not present the medical certificate of birth or it is not identified in S.I.I.E.A.S.C., the civil status officer checks the records of the health unit where the birth occurred or those of the family doctor, in the case of home birth, to obtain it; if the medical certificate of birth is not identified, the S.P.A.S. representative is requested to take steps for medico-legal expertise.
If the verification at the health unit does not identify the medical certificate of birth or documents proving the birth, the place of birth is that declared.
If birth registration is requested by the S.P.A.S. representative, he/she presents the following documents:
a) the medical certificate of birth, or in its absence, the medico-legal expertise;
b) the social inquiry report;
c) the letter of delegation.
For late registration of the birth of children aged between 14 and 18, the civil status officer applies the provisions of art. 49 of Decision no. 255/2024 accordingly and performs the following activities:
a) carries out checks in the records of the D.G.P. and the criminal record, statistics, and operational records service;
b) performs checks at the addresses where they state they have lived and, as appropriate, at the educational institutions where they state they were enrolled, through police units;
c) requests a declaration from the person whose birth was not registered, as well as, as appropriate, the parents or legal representative, given before the civil status officer, to which is attached a 3/4 cm size photo, which is uploaded in S.I.I.E.A.S.C.;
d) determines if the person's physiognomy matches the uploaded photo and applies it electronically as follows: one on the person's declaration and another on that of the parents or legal representative, as appropriate.
For late birth registration of an adult, the declarant's written request is accompanied by the following documents:
a) the medical certificate of birth;
b) the declaration of the person whose birth was not registered, given before the civil status officer, to which is attached a photo of 3/4 cm, which is uploaded in S.I.I.E.A.S.C.;
c) the declaration of two family members or, in their absence, two people who know the person, given before the civil status officer;
d) determines if the person's physiognomy matches the uploaded photo and applies it electronically as follows: one on the person's declaration and another on the declarations provided at c).
The drawing up of the birth certificate for the found child is based on the following documents:
a) written declaration of the person who found him/her or the report of the S.P.A.S. representative, from the administrative-territorial unit in whose area the child was found;
b) the report drawn up and signed by the representative of the competent police unit, the doctor, and the S.P.A.S. representative;
c) the decision of establishing the family name and/or given name, issued by the mayor, in cases where the family name and/or given name of the child is not known;
d) medico-legal expertise on determining the sex and approximate age of the child;
e) the emergency placement decision or, as appropriate, the judgment regarding placement.
The report provided at b) is recorded at S.P.C.L.E.P. or, as appropriate, at the city hall to register the birth and includes the following data:
a) the year, month, and day when the child was found;
b) the sex of the child;
c) the place and circumstances where the child was found;
d) the family name, given name, and domicile of the person who found him/her, as well as, if applicable, witnesses;
e) the name and address of the institution or person to whom the child was entrusted;
f) the age of the found child, established by the doctor by mandatory indication of the year, month, and day of birth, even if they are approximate;
g) the result of the first investigations carried out by the police to identify the mother.
Drawing up the birth certificate for the child abandoned by the mother in a maternity/health unit is based on the following documents:
a) the report confirming abandonment, signed by the representative of the D.G.A.S.P.C. in whose area the health unit where the child was abandoned is located, the police representative, and the maternity/health unit representative;
b) the medical certificate of birth;
c) the emergency placement decision or, as applicable, the judgment regarding the placement;
d) the police communication regarding the result of mother’s identity verification;
e) the decision of establishing the family name and/or given name, issued by the mayor, in situations where the family name and/or given name of the child is not known;
f) the declaration for registration of birth.
The birth certificate for the child found/abandoned by the mother in a maternity/health unit is completed with the data resulting from the medico-legal expertise/the birth medical certificate; in case the identity of the parent(s) entered in the medical birth certificate cannot be determined, the corresponding fields on the birth certificate regarding the mother and/or father are not completed.
When the mother declares she is married, the civil status officer checks in S.I.I.E.A.S.C. and in R.N.E.P., and birth registration is done only after identifying the parents' marriage record.
If the mother declares that she is not married, following the checks, the child is registered with the mother's family name, and the "father" fields are not completed.
If the live-born child has died and the birth has not yet been registered, birth is registered first and then death.
If the civil status officer registering the death is not territorially competent to draw up the birth record, he/she electronically sends to S.P.C.L.E.P., the competent city hall for birth registration the motivated statement of the person requesting registration of the death, together with the medical birth certificate, and communicates the death data for entering the mention.
The drawing up of the birth certificate is done with the mayor's approval, if birth registration takes place after the expiry of 24 hours from the date of death, for a live-born child who died within 30 days, but within one year of birth.
In the case of a deceased person whose birth was not registered within the legal term of 30 days, the death certificate is issued based on the medical death certificate and the birth medical certificate, checks made by the police, and the statement of the person requesting registration, which must include identification details; after issuing of the death certificate, the civil status officer informs the death declarant about the necessity of applying for birth registration.
In the absence of the medical birth certificate, the death certificate is marked with the relevant entry provided by law; after late registration of birth, notes on identification data are made in the margin of the death certificate.
For the stillborn child, only the birth certificate is drawn up; in this case, the fields regarding "given name", "citizenship" and "personal numerical code" are not completed, and in the field "from which it results that a child was born ............." the word "deceased" is written.
Upon request, based on the birth certificate, a birth certificate with the mention "STILLBORN CHILD" or a burial/cremation certificate is issued, as specified in the Register regarding the issuing of burial/cremation certificates.
After the expiration of the 3-day term for the stillborn child, but not later than one year from the date of birth, the drawing up of the birth certificate is done with the approval of the mayor of the administrative-territorial unit where the event occurred or, as appropriate, the head of the diplomatic mission or career consular office accredited to exercise consular functions in the state where the event took place.
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