Civil Registry Compliance: Birth and Marriage Requirements

Birth Registration Procedures

Declaration Deadlines (Articles 19 & 20 LOPNA)

The study emphasizes the following requirements:

1. If the birth occurs in a public institution, the declaration of birth must be immediate (Art. 19 LOPNA).
2. If the birth does not occur in a public health center, the declaration must be made before a public official within a period not exceeding 90 days. Failure to comply may result in fines (Arts. 19 & 20).

Special Cases for Birth Registration

Birth Abroad (Article 470)

If the birth occurred abroad, the diplomatic or consular officer of the Republic is authorized to issue the Heading (certificate/record) and shall send authentic copies to the first civil authority of the parish where the parents reside in Venezuela.

Birth on a Vessel (Article 471)

If the birth occurs on a boat traveling at sea, the captain is authorized to receive the declaration of birth. Once on the mainland, the master copy must be entered into the consular office records.

Military Campaign Records (Article 488)

Marital status items related to a military campaign will be recorded by officers designated by special regulations.

Term for Recording Items (Article 489)

Article 489 refers to the term (deadline) for recording the items (records).

Authorized Declarants and Witnesses

Authorized Declarants (Article 465)

The people who can serve as declarants (respondents) are:

• Parents: They are the primary individuals authorized to make the declaration of birth to the public officials, either personally or through a special mandate.
• Others: The doctor, surgeon, midwife, or the head of the house where the birth took place.

Witnesses and Found Infants (Article 469)

The person who finds an infant left in a public or private place must submit the infant to the highest civil authority of the parish or municipality, declaring all circumstances, including the time and place of the discovery.

Marriage Requirements and Officials

General Witness Requirement (Article 448)

Civil acts may require two elderly neighbors, residents of the parish or municipality, to serve as witnesses.

Authorized Public Officials (Article 82)

Public officials who are authorized to celebrate marriages are:

• The highest civil authority of the parish or municipality.
• The Chairman of the Community Board.
• The Judge of the parish or municipality.
• The Chief Civil District Officer.
• The President of the City Council.

The Declarant (Article 86)

The declarants are obviously the future parties who express the willingness to marry. Marriage can also be performed through an agent (Art. 85).

Marriage in Article of Death (Article 98)

If the attendance of authorized officials is difficult or impossible, the marriage will be held in the presence of three people over age who are not linked to any of the applicants. At least one witness must be able to read and write. These witnesses will chair the act and receive the declaration of the spouses who take each other as husband and wife.

Witness Requirements (Article 86)

Witness requirements vary based on the location of the ceremony:

1. Marriage in the Public Official's Office: The act must be verified in the presence of two witnesses over twenty-one years old. These witnesses may be relatives in any degree.
2. Marriage Outside the Office: Four witnesses are required, all of whom must be adults. At least two of them should not be related to any of the intending parties.