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total protection of children and adolescents, set in force by Decree No. 415/06.
The right to identity is expressly recognized by Law No. 26.061. In its article 11, the law covers
the concept of identity, the right to have a name, to the language of origin, to know who the
biological parents are (except for the cases of full adoption in the terms of articles 327 and 328
of the Civil Code), to the culture of the place of origin and to preserve individuals’ identity and
idiosyncrasy.
ARTICLE 11. — THE RIGHT TO IDENTITY. Children and adolescents have the right to have a
name, a nationality, their language of origin, to know who their biological parents are, to the
preservation of their parental relationships in compliance with the law, to the culture of their
place of origin and to preserve their identity and idiosyncrasy, expect for the cases foreseen in
the articles 327 and 328 of the Civil Code.
This right to identity has a close relationship with the obligation that the same law puts
under the State responsibility in the following article, which establishes the guarantee of
identification and enrolment in the Register of Marital Status and Capacity of Individuals. This
law incorporates the guarantee of newborns identification by the State. The law states that
identification procedures shall be:
- Simple
- Quick
- Free
- Mandatory
- In time
- Immediate
Likewise, the law defines that such newborn identification process shall necessarily establish
the parental relationship with his or her mother, as set forth by Law No. 24.540. In this sense,
the Law foresees that if the parents do not have the documents proof of their own identity, the
state agencies shall take the necessary measures to obtain the mandatory identification. The
Law establishes free registration for those adolescents and mothers who have not been timely
registered, by the Register of Marital Status and Capacity of Individuals (article 12).
ARTICLE 12. — STATE GUARANTEE OF IDENTIFICATION. REGISTRATION IN THE REGISTER OF
MARITAL STATUS AND CAPACITY OF INDIVIDUALS. State agencies shall guarantee simple and
quick procedures so that newborns are identified freely, obligatorily and immediately after they
are born, establishing the parental relationship with their mother, as provided for in Law No.
24.540.
Should there be no document proving the father’s or mother’s identity, the State agencies shall
take the necessary measures to obtain the mandatory identification referred to in the above
paragraph, what shall be specially considered by the regulations of this law.
The adoption of the specific measures for the free registration of all those adolescents and
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