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: 16

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