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This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Birth Registration
Colombia
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Colombia
Birth Registration
Universal Coverage and Definition
Universal Coverage and Definition
Universal Coverage and Definition
Is birth registration available and compulsory for all births occurring within the country's jurisdiction?
Yes
Recommended Practice based on International Guidelines
The law should provide that registration is available to, and compulsory for, all births occurring in every geographical area and for every population group in the country. Examples of possible discriminations are: sex; race ethnicity, religion or population group; marital status; nationality, citizenship, residency or refugee/asylum status; or any other characteristic such as prisoners or persons with disabilities
All births that occur in the country – including births to refugees, undocumented migrants, internally displaced persons, stateless persons, persons of undetermined nationality and members of nomadic peoples – must be registered in the civil registration system. Where necessary, legislation should include specific provisions to guarantee the registration of these populations regardless of whether the person has legal residency status.
Although there is no legal provision explicitly saying that birth registration is compulsory, Article 46 of Decree 1260 of 1970 states that "Births occurring within the national territory shall be registered at the office corresponding to the national district in which they took place." Thereby, making birth registration compuslory for all births occurring in the national territory of the country.
Is birth registration or reporting available for children born to citizens residing abroad?
Yes
Recommended Practice based on International Guidelines
When a child is born to parents who are residing outside their country of citizenship, the country in which the birth occurred has an obligation to register the birth and issue a birth certificate. While the home country of the parents will not issue a new birth certificate, there should be a process by which the parents report the birth to the parents’ home country. This is important for purposes of establishing citizenship and receiving a passport for the child. The law should provide a process for citizens temporarily residing abroad to report the birth of a child to the registrar (or the passport agency). This is usually facilitated by a country’s embassies and consulates.
Yes. According to article 47 of Decree 1260 of 1970, "Births occurring abroad or during travel ending in a foreign country shall be registered at the competent Colombian consulate, and in the absence thereof, in the manner and form prescribed by the legislation of the respective country."
Does the law provide a clear definition of live birth? If yes, does the definition accord with international guidelines?
Yes live birth is defined by law and accords with international guidelines
Recommended Practice based on International Guidelines
The provision of clear definitions in the law is an important tool to ensure the continuous and permanent recording of vital events in all areas. Live birth is defined as "The complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such separation, breathes or shows any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or any definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached."
Article 90 of the Civil Code states that “the legal existence of all persons begins with birth, i.e., the moment of complete separation from the mother. The creature that dies inside the mother’s womb, or that dies before being completely separated from the mother, or that did not survive the separation for at least a moment, will be reputed as not having ever existed.”
Further, Rules and instructions regarding the codification of fetal and neonatal mortality define “Live Birth: If the result of conception, regardless of the duration of the pregnancy, breaths or shows any other life signal, it will be considered a live birth. The above, regardless of whether said result is or not viable, whether there was an abortion attempt or whether its weight is less than 500 grams.”
