G.T.B. v. SPAIN JUDGMENT
Section 24
“The following shall be obliged to initiate registration without delay:
First: those designated in each case by law;
Second: those to whom the event subject to registration refers, or their heirs;
Third: the public prosecutor’s office.
The authorities and civil servants not enumerated above to whom, by virtue of their
positions, unregistered facts are known shall be obliged to notify the public prosecutor’s
office of them.”
Section 42
“Registration shall be effected by means of a declaration by the person who has
knowledge of the birth. The declaration shall be made between twenty-four hours and
eight days after the birth, except in cases where the Regulations specify a longer
period.”
Section 43
“The following shall be obliged to initiate the registration [of a birth] by the
corresponding declaration:
First: the father;
Second: the mother;
Third: the next of kin or, failing that, any person of legal age present at the place of
birth at the time of its being verified;
Fourth: the head of the establishment or the head of the family of the house in which
the birth took place;
Fifth: in the case of abandoned newborn children, the person who has taken them in.”
Section 49
“Recognition may be effected by the means laid down in the Civil Code or by a
declaration of the father or mother, at any time, before the registrar, entered in the
margin and signed by them. In the latter case there must also be the consent of the child
or the approval of the court, as provided for in the Civil Code.
Natural parentage may be registered by means of a procedure approved by the
first-instance judge, provided that there is no objection from the public prosecutor’s
office or from the interested party, who must have been notified personally, if any of
the following circumstances are applicable:
First: when the father or the mother unambiguously and expressly recognises
parentage in writing;
Second: when the child is in continuous possession of the status of natural child of the
father or mother, as attested by direct declarations of the father himself or of his family;
Three: in respect of the mother, provided that the fact of birth and the identity of the
child are fully proved.
In the event of an objection, the registration of parentage can only be obtained through
the ordinary procedure.”
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