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delivery.
— Date, time and place of birth and the filling out of the card.
— Fingerprints taken at the moment of being discharged from hospital.
— Information about the hospital or medical care institution: name and domicile.
— Remarks
The Law establishes an identification procedure for the mother-baby binomial, which is
supported on the collection of biometric data at the moment of delivery, both of the mother
and the baby. These biometrical data shall afterwards guarantee the identity of the newborn
and later of the individual in adulthood.
In the Autonomous City of Buenos Aires, in 2003 Law No. 1226 was promulgated, which creates
the Identification System of the Newborn and His or Her Mother, of mandatory characteristic,
that has the goal of guaranteeing individuals their legitimate right to identity as well as the
indemnity of the mother parental relationship.
The identification system provided for in Law No. 1226 has the goal of guaranteeing the
indemnity and integrity of the mother-baby binomial, for which it establishes the identification
of any baby born alive or dead and his or her mother. Moreover, the Law establishes the
capturing and filing of the blood genetic prints corresponding to both, mother and baby, with
the goal of guaranteeing newborns’ right to identity.
The above-mentioned Law foresees the identification process of both, mother and baby,
considering for this purpose the capturing of genetic blood prints corresponding to the
newborn and his or her mother so as to guarantee the newborn’s right to identity.
The Law of the City of Buenos Aires does not include the capturing of the mother and baby
fingerprints, reason why there emerges the question of which the correct procedure is, as
Law No. 26.061 is of national scope. A possible answer is that the City of Buenos Aires law
is complementary to the national law, thus, the mother-baby binomial identification process
in the City of Buenos Aires shall necessarily provide for the capturing of the genetic blood
prints foreseen in Law No. 1226, and additionally, the data required in Law No. 26.061, that
is, biographical data, name, domicile and 10-fingerprints of mother and footprint of newborn.
(CASAL; 2010)
This interpretation is strengthened by the article 16 of above Law of the City of Buenos Aires,
which expressly foresees that this Law is complementary to the National Law No. 24.540,
predecessor of Law No. 26.061.
In the province of Formosa rules Law No. 1129 that foresees the newborn’s identification system,
within the framework of children rights, one of which is the preservation of their identity. The
Ministry of Human Development has implemented a system that consists of the identification
of the newborn through fingerprints – also those of the mother – and foot print of the baby
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