Venezuelan Birth & Death Registration: Legal Framework & Procedures
Birth Certificates in Venezuela
Legal Basis
- Article 16 (LOPNA): Right to a name and nationality for all children and adolescents.
- Article 17 (LOPNA): Right to immediate identification after birth. The State must ensure mandatory and timely identification, linking newborns with their mothers.
- Article 18 (LOPNA): Right to free registration in the Civil Registry immediately after birth.
- Article 56 (CBRV): Right to a proper name, parental surnames, and to know parental identity. The State guarantees the right to investigate maternity and paternity.
- Article 224 (LOPNA): Penalties for parents or guardians who fail to register a child and obtain identification documents within the legal timeframe.
Registration Process
a. Declaration Opportunity (Articles 19 & 20 LOPNA)
Article 19: Declaration of Birth in Public Health Institutions
When birth occurs in a hospital, clinic, maternity ward, or other public health institution, the declaration is made to the highest public authority of the institution. The official will issue four identical copies of the record on designated forms.
Article 20: Deadline for Declaration of Births
In other cases, the declaration must be made within ninety days of the birth to the highest civil authority of the parish or municipality. If the birth occurs more than three miles from the civil authority’s office, the declaration can be made to commissioners or other designated public officials, who will issue two copies, one for the declarant and one for the parish or municipal head.
b. Deadline (Article 20 LOPNA)
c. Public Officials (Articles 470, 471, 488, 490 CC)
Article 470:
If a child is born outside the parents’ parish or municipality, the issuing civil authority sends a certified copy of the birth certificate within ten days to the parents’ home parish/municipality for registration. For births abroad, the Venezuelan diplomatic or consular office sends a copy to the parents’ last residence in Venezuela for registration.
Article 471:
For births during sea voyages, the declaration is made within twenty-four hours to the ship’s captain or their replacement. In foreign ports with Venezuelan diplomatic/consular presence, a certified copy is deposited there. In national ports, the original is deposited with the First Civil Authority. Both officials send certified copies to the parents’ parish/municipality for registration.
d. Declarants (Article 465 CC)
Article 465:
The declaration must be made by the father or mother, in person or by a special agent. In their absence, it can be made by the surgeon, midwife, any person present at the birth, or the head of the household where the birth occurred. The birth certificate is issued immediately after the declaration.
e. Witnesses (Article 448 CC)
Article 448:
Civil status records must include the officer’s name and title, date and time of the act, place of occurrence, relevant circumstances, full names, ages, occupations, and domiciles of all parties and witnesses, and any submitted documents. The record must be signed by the official, their secretary, and two adult witnesses from the parish or municipality.
f. Content (Article 466 CC): Birth from Marriage (Article 467 CC), Out of Wedlock Birth (Article 468 CC), Abandoned Children (Article 469 CC)
The record must be signed by the secretary, the parties (if they can sign), and the witnesses.
Death Certificates in Venezuela
1. Public Officials (Article 476 CC) (Special Cases: Articles 482 & 483)
Article 476:
The highest civil authority of the parish or municipality orders the burial of the body, which cannot occur before twenty-four hours after death, except under special regulations. For deaths occurring more than three miles away, the Police Commissioner issues the burial order and provides the necessary information for the death certificate.
This order is issued on plain paper, without stamps or fees.
Article 482:
For deaths in schools, hospitals, prisons, or other public places, the head or manager requests the burial order and fulfills the requirements for the death certificate.
Article 483:
Death records for those who die at sea follow the same procedures as birth certificates.
2. Reporting and Record Content (Article 477 CC)
Article 477:
The death certificate specifies the place, date, and time of death, cause of death, full name, age, identity card number, occupation, and domicile of the deceased. It also includes the name and surname of the surviving spouse or predeceased spouse; full names of all children (living and deceased, specifying minors); and the name, surname, age, profession, and address of the person giving notice of death. If possible, it includes the full name, profession, and domicile of the deceased’s parents and their birthplace.
3. Special Cases
c.1: When it is Impossible to Identify the Body (Article 479)
Article 479:
When a body cannot be found or identified, the First Civil Authority creates a record stating the facts and circumstances. This record is submitted to the Judge of First Instance for approval. If the record proves the death of a specific person, the Judge notifies the relevant civil authority for registration.
c.2: Discovery of the Body of an Unknown Person Whose Identity Cannot be Verified (Articles 481 & 477 CC)
Article 481:
In the event of the death of an unknown person or the discovery of a body whose identity cannot be immediately verified, the record must include: 1) Place of death or discovery; 2) Sex, apparent age, and distinguishing marks; 3) Time and probable cause of death; 4) State of the body; 5) Clothing, papers, or other objects that may aid in identification. These objects are kept by the Civil Authority for one year unless delivered to the judicial authority. This act is published in the press.
Article 477:
The death certificate includes the same information as in Article 477 (see above).