Nacimiento

Who can register the birth?

They are obliged to promote the registration of birth:

The management of hospitals, clinics and health establishments.
The medical or health personnel who have attended the delivery, when it has taken place outside a health facility.
The parents. However, in the event of giving up the child at the time of delivery, the mother will not have this obligation, which will be assumed by the corresponding Public Entity.
The closest relative or, failing that, any person of legal age present at the place of delivery at the time it occurs.

In case of marriage The request can be made by any person who provides documentary evidence of the existence of the marriage (with the family book, for example). In the absence of this accreditation, both parents can request it.

In case of no marriage The request must be made by both parents, in the event that the father acknowledges the affiliation, or the mother or another declarant, if only the maternal affiliation is determined.

Where is the application for birth registration submitted?

At the hospital
In the Civil Registry

On own hospital where the delivery occurred, by virtue of the provisions of Law 19/12015, of July 13, on administrative reform measures in the field of the Administration of Justice and the Civil Registry, whose second-three article contemplates the possibility that citizens can communicate electronically from health centers the birth of their children. Notwithstanding the foregoing, there are a number of cases in which, by Civil Registry legislation, it will be required to appear in person, such as: When one of the parents is a minor or has legally modified capacity, births of non-marital children in the case of absence, disability or death of the father, mother or both, when the two parents are foreigners of different nationalities, resignation of the mother, etc.

Currently in the Community of Madrid, All hospitals in the Public Network have this service.

As Law 20/21 of the Civil Registry comes into force in the civil registries of the Community of Madrid, if the registration has not been made from the hospital, it must be done from the civil registry corresponding to the municipality of birth, although the parents are registered in another municipality. (check this information on the appointment website of the corresponding Civil Registry https://gestiona7.madrid.org/CTAC_CITA/registro)

In the Civil Registry of customer's home of the parents or parent or in the locality where the birth occurred, in this case, both parents must go, proving the common address and a certificate from the hospital center proving that registration has not been requested.

In the case of registration within the term of birth of children born in marriage, this procedure may be carried out in the Justice of the Peace of your locality, if any.

As Law 20/21 of the Civil Registry comes into force in the civil registries of the Community of Madrid, the registration that has not been made in the hospital must be made in the civil registry corresponding to the municipality of birth, even if the parents are registered in another municipality. (check this information on the appointment website of the corresponding Civil Registry https://gestiona7.madrid.org/CTAC_CITA/registro)

Deadline for application

The term to send the communication of birth from the Health Center is 72 hours from birth. When for any reason the document has not been sent within the period, those obliged to promote the registration will have a period ten days to declare the birth before the Civil Registry Office.

However, this period could reach 30 days when just cause is proven. After this period, it is necessary to process the birth registration file after the deadline before the person in charge of the corresponding Civil Registry.

Birth registrations can also be carried out, without the need for said file, by certification of entries made in foreign Registries, provided that there is no doubt as to the reality of the registered event and its legality under Spanish law.

General requirements for birth registration

Limitations

In general, the registration will state the name given to the newborn, taking into account the following limitations:

You cannot designate more than one compound name nor more than two simple ones.
The following names are prohibited:
- Those that objectively harm the person.
- Those that could confuse the identification of the person.
- Those that mislead in terms of sex.
The name that one of his brothers with identical surnames bears may not be imposed on the newborn, unless he had died.

Foreigners who acquire Spanish nationality

NAME:

The general criterion is that the name that appears on the foreign birth certificate must be recorded as the proper name, unless the factual use of another proper name is proven. The name that the interested party has been using must be kept, even if it is not in current use, which will be completed or changed if it violates the established norms.
The same rules apply to prohibitions than those generally established
In any case, if the name that appears on the foreign certification or the one used by the interested party is included in any of the prohibition cases, it must be replaced by another. adjusted to standards Spanish. will have to replace it by the one used habitually; failing that, by the person chosen by the interested party or his legal representative, and, ultimately, by an ex officio tax.
In the case of proper names that appear in different writing system to ours (Chinese, Japanese, etc.) will be entered through transcription or transliteration, so as to achieve a graphic adaptation and a phonetic equivalence. Also in proper names written with Latin characters, at the request of the interested party, it would be possible to make orthographic adaptations to facilitate their writing and phonetics (for example, cases in which the original name had several consonants in a row).

SURNAMES:

The foreigner who acquires Spanish nationality must be assigned the surnames determined by the affiliation, as established by the Spanish law.
If this affiliation is known and if the parents have not agreed prior to registration to invert the order of the surnames, the first surname of the father will be recorded as the first surname. and as second, the first of the mother's personal, that is to say, in terms of the maternal surname, the attribution does not proceed from the one that she could, for example, acquire by marriage, but rather the one she had before her celebration.
Likewise, the law allows whoever acquires Spanish nationality, keep surnames held in a form other than the legal one, if so declared at the time of acquisition or in the two months following it or at the age of majority.
When the affiliation does not determine other surnames, the ones used by the interested party will be maintained.
In the case of foreigners who, according to their personal status, have only one surname attributed to them, when they are registered as Spanish, they must be stated Two surnames.
What has been said about names is valid for surnames, in terms of spelling and phonetic adaptations.
Regarding the change of name and surnames, once Spanish nationality has been acquired, they are governed by the spanish legislation. If they have availed themselves of the right to keep the surnames they held before acquiring Spanish nationality, they cannot subsequently avail themselves of the possibility of reversing the order of the surnames.

Registration of birth of foreigners

When the birth registration refers to foreigners, in relation to the imposition of the name and surnames, the provisions of their personal law will be followed.

Documentation to provide for registration

Registration from the Hospital Center

Official Declaration Form provided by the administrative staff of the Health Center, in which the declaration of Marriage will be signed if the affiliation is matrimonial, or of Paternity, if the affiliation is non-marital.
Optional certificate of birth.
DNI
Family book if any

The Health Center will send to the Civil Registry all the documents necessary to carry out the birth registration, so it will not be necessary for the parents to go to the Civil Registry unless the documentation sent contains an error, omission or inaccuracy that requires subsequent correction, or , is one of the cases indicated by the legislation of the Civil Registry that require appearance in the same.

Once the registration has been carried out, the Civil Registry will send the parents (preferably electronically) a literal birth certificate with which they can carry out the administrative procedures they require before other administrations.

Face-to-face registration in the Civil Registry

A) Marital children:

DNI of the person appearing.
Medical part of the delivery (facilitated in the hospital where it took place).
ID of the parents, in case the person who appears is not one of them.
Family Book

B) Non-marital children:

ID of those appearing.
Medical part of the delivery (facilitated in the hospital where it took place).
If the marital status of the mother is married, she must provide a marriage certificate certifying the divorce or legal separation, or prove the de facto separation from the spouse.

C) Births that occurred outside the civil registry where they want to be registered:

That indicated in sections A) and B), as the case may be, and also:
DNI or census that proves the domicile of the parents.
Certificate from the hospital indicating that the registration of the newborn has not been requested.

Late birth registration

To register births after the deadline, it will be necessary to go to your Civil Registry, where you will be informed of the documentation to present, depending on the case, to proceed with the opening of the corresponding file.

Registration of births of parents with a nationality other than Spanish

For registration of children whose parents have a nationality other than Spanish, it is necessary that they provide a certificate from the embassy of their country of origin informing about the transmission of the parents' surnames to the newborn according to the legislation of that country.

Registration content

The birth registration shall include:

Name given to the born.
The time, date and place of birth. In multiple births, if the exact time of each one is not known, the priority between them will be recorded or that it has not been possible to determine.
If the born is male or female and the name imposed.
The parents, when the filiation is legally established.
The number assigned in the file to the report or verification.
The registration time.