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mothers who have not been timely registered in the Register of Marital Status and Capacity of
Individuals shall be facilitated.
This article is regulated by Decree No. 415/06, that provides for the situation where the father is
unknown. In this case, the Law foresees the intervention of the Civil Register officers to orient
the mother in this situation, as per the following procedure:
ARTICLE 12: In all cases where a child is registered with an unknown father, the officer of the
Civil Register shall hold a private interview with the mother where she will be informed that it is
a human right that a minor knows his or her identity; that, declaring who the father is, will allow
the child to exercise the right to receive an alimony, and that this declaration shall not hinder
the mother to exercise the right to keep the custody and control and to provide protection.
To these effects, the documentation in which the child’s human rights are stated shall be
delivered to his or her mother, and the intervening officer, in turn, shall be able to require the
collaboration by the corresponding local administrative authority so that specialized personnel
complete information and give advise. Likewise, that party shall be informed, that in case she
keeps the registration with an unknown father, the procedure will be as provided for in the
article 255 of the Civil Code.
The Civil Code in its article 255 instructs the Civil Register to report the Office Responsible
for Defending Minors about all the cases of minors registered as children with an unknown
father, so that this instance can foster the necessary actions to determine paternity and further
recognition of the child by the alleged father, being able to start the corresponding legal action
if there were an expressed authorization by the mother.
Civil Code, Art. 255. In all cases where a minor is registered as a son or daughter of an unknown
father, the Civil Register shall report this to the Office Responsible for Defending Minors, which
shall try to determine the paternity and the recognition of the child by the alleged father.
Failing this, it shall be able to promote the corresponding legal action if there is an expressed
conformity by the mother to do so.
Following the procedures established by the regulatory Decree No. 415/06 of Law No. 26.061,
the situation where any of the parents of the baby to be born has no identity document is
foreseen. In this situation, the rules foresees that on the occasion of the prenatal medical
checks or when the mother is hospitalized to deliver the baby, the authorities of such medical
centre shall report the competent agencies about the referred situation of lack of identity
documents so that the document can be issued. If this is impossible, the rule foresees that in
the situation in which at the moment of delivery the parents have not obtained their identity
document, the authorities of the medical centre shall state in the Birth Certificate the first
name, last name, date of birth, domicile, age, fingerprints and nationality of the father or mother
lacking the identity document.
The rule foresees the application of Law No. 24.540 in relation to the identification of newborns.
Moreover, the Law favours the setting up of Civil Register offices in all maternity hospitals
in order to facilitate the identification of newborns and of their parents lacking identity
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