G.T.B. v. SPAIN JUDGMENT
73. The relevant provisions of the Decree of 14 November 1958
approving the Regulations on the Law on the Civil Registry read as follows:
Article 167
“In the birth report, in addition to the name, surname, status and association number
of the person signing it, it shall be clearly stated that the registration requires the date,
time and place of birth, the sex of the new born child and a reference to the identity of
the mother, indicating whether it is known with certainty to [the person signing the
report] or has been certified, and in the latter case, official documents that have been
examined or a reference to the identity of the person confirming the data, who, with the
mother, shall sign the report, unless she is unable to do so or objects, which shall then
also be reported.
A report or declaration by professionals and personnel of health establishments that
have a duty of confidentiality shall not refer to the mother against her will.”
Article 311
“In a request for registration submitted after the expiry of the relevant deadline, it
shall be stated that, after having carried out the appropriate investigation, no birth
registration was found, or the corresponding negative certification shall be presented.”
Article 313
“In case of doubt about the sex or age of the child, the Civil Registry’s forensic doctor
or his or her substitute shall issue an expert opinion.
To determine the year and locality of the birth, the information of two people who are
aware of it by their own knowledge or by common knowledge shall suffice; however,
to further specify the time and place that have been certified by common knowledge,
efforts shall be made to provide further evidence.”
Article 315 (as in force as of October 1986)
“As long as it does not produce a delay of more than thirty days, the following must
be included in the file:
(1) the record of the birth, signed by a doctor, midwife or technical health assistant
or, failing that, the baptismal or similar certificate of the corresponding religion;
(2) the marriage certificate of the parents or, should this not be possible, the
ecclesiastical certificate; and
(3) where appropriate, certification or an official record of the registration, even
provisionally, of the nullity or dissolution of the marriage or the legal separation, or of
the husband’s death, or a declaration of the husband’s absence or death.
This shall be without prejudice to any further steps that may be taken, such as the
joining to the file of the registration certificate, the inclusion or extension of witness
evidence or others.”
74. The relevant provisions of Decree no. 196/1976 of 6 February 1976
regulating the national identity document (in force until December 2005) read
as follows:
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