Birth Registration
Mozambique
Procedure and Certificates
Place
Where must births be reported?
Recommended Practice based on International Guidelines
Registration may be place of occurrence of place of residence. The civil registration law should clearly state the place where births must be reported. Reporting in the place of occurrence usually makes the registration process faster and easier for the informant. The determination of the place of usual residence may be in fact complicated for some people who have more than one residence or often move. In addition, reporting at place of occurrence facilitates declaration or notification by a health facility.Countries with electronic systems for civil registration may allow more flexibility and allow reporting from anywhere the civil registration system can be accessed.
Mozambique Legal Analysis
Every birth occuring in Mozambique must be declared at the post office of the civil registry with jurisdiction over the place of birth or habitual residence of the newborn child. Article 126 further clarifies that, when a birth occurs in a maternity ward or hospital in a district with more than one office of civil registry, then the office with jurisdiction over mother's place of residence is competent to register the birth.
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Time
What are the reporting periods for birth registration specified in law?
Recommended Practice based on International Guidelines
A clear deadline for reporting a birth, especially a short one, reduces the risk of misreporting or underreporting. The deadline is typically between 14 and 30 days.A late birth registration occurs when a birth is reported after the legally specified time period, but within a grace period, usually one year after the vital event.
Delayed birth registration is the registration that occurs after the grace period has expired. Delayed birth registration may occur many years after the event, and may require additional evidence.
Mozambique Legal Analysis
Article 118 of the Civil Registry Code states that a birth occuring in Mozambique must be declared verbally within 120 days at the civil registration or registry post in the area of birth or of the newborn's habitual residence.
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Fees and Sanctions
Are there any fees for on-time birth registration?
Recommended Practice based on International Guidelines
Fees are a disincentive for birth registration, and for this reason they should not be chargedMozambique Legal Analysis
Article 1(1) of the Ministerial Diploma No. 2 of 2016 makes on-time birth registrations within 120 days, exempt from payment of a registration fee.
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Are there any fees or fine for late or delayed birth registration?
Recommended Practice based on International Guidelines
Fees are not effective in preventing late or delayed registration and may act as a disincentive for registration. If fees are charged for delayed or late registration, policymakers should consider having a fee-waiver process for those for whom fees are a hardship. More effective results to increase registration rates are observed through educational programmes aimed at the public. Some countries have opted to impose a penalty for failure to register or, more precisely, refusal to register, rather than impose a fee for late registration.Mozambique Legal Analysis
Article 120 of the Civil Registry Code requires births that remain unregistered after the legal declaration period to be reported by the public prosecutor or other authorities. Further, Article 122 indicates that a fine will have to be paid voluntarily after the registration has been made when its been reported by an authority. No specific amount has been stated in any of the relevant provisions, but the Ministerial Diploma No. 2 of 2016, declares that a fee of 50 meticals (equivalent to USD 0.78) will be charged for every birth registration, after the deadline has passed (which is 120 days under Article 118 of the Civil Registry Code). Competent administrative entities have the authority to waive fees for members of low income households.
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Information
What is the minimum information required for birth registration?
Recommended Practice based on International Guidelines
The information required for legal purposes is minimal, and usually consists of: given name; surname; date of birth; birthplace; sex; and names of both the parents. It is preferable that information on both parents is provided but registration should not be denied if the mother cannot or will not name the father. Registrars should be authorized to complete registration with the available information to strive for universal registration. Failure to provide statistical data elements such as the weight of the child, should also not prevent birth registration.Mozambique Legal Analysis
The minimum information required to register birth includes: 1. Date, day and month of registration 2. Identification of the parties (name of the registrant, gender, time of birth, place of birth,parentage, place of birth) 3. Name and category of the official who registers, and 4. Name of witnesses.
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Evidence
What evidence is required for on-time birth registration?
Recommended Practice based on International Guidelines
Registrars should require proof as to the veracity of the information to be registered. Proof or evidence required for registration must be sufficiently stringent to provide assurance of the accuracy of the information without being so burdensome so burdensome as to discourage or prevent registration. Documentary evidence is always preferred. For birth registration, the most common form of documentary evidence is the notification of birth (from health sector or local leader), but if this is not available, testimony or affidavits of witnesses may be substituted.Mozambique Legal Analysis
Evidence requested for registration of births include the identification card of parents and the health card issued by health authorities. Without the card, and when there are doubts on the person responsible for registering, the registration can be done using witnesses.
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Are there additional or alternative documents required for late or delayed birth registration?
Recommended Practice based on International Guidelines
While late and delayed reporting should be discouraged, the procedures should not be so restrictive as to prevent late and delayed reporting of events. Laws that require a court order for late or delayed registration present a significant barrier to registration. For late registration (within 1-year grace period), the provision of a notification of birth, or other evidence required for on-time registration, should be sufficient. For delayed registration (after 1 year), the law may require additional evidence such as a witness statement.Mozambique Legal Analysis
According to Article 124, a declarant of late or delayed birth registration must prove custody and provide witnesses for births occurring more than a year earlier. If a child is over 14 years old, parents, the person having custody may declare a birth.
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Incomplete Records, Amendments, and Corrections
Does the registrar (local or other level) have the authority to correct minor errors (such as data entry errors and typographical errors)? If yes, are such changes free of charge?
Recommended Practice based on International Guidelines
The civil registration agency should have authority to correct errors such as obvious spelling, date or typographical errors.Providing the registration agency with authority to make these types of corrections relieves the applicant of having to spend time and money applying to courts. No fee should be charged for minor clerical errors.Mozambique Legal Analysis
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Does the registrar (local or other level) have the power to add omitted information (such as name of baby, in the case of late naming, and paternity information)? If yes, are such changes free of charge?
Recommended Practice based on International Guidelines
The civil registration agency should have authority to add information omitted in the original record, such as the late addition of a baby name within the time frame for late naming, or adding uncontested paternity information. Providing the registration agency with authority to make these types of amendments elieves the applicant of having to spend time and money applying to courts. No fee should be charged for adding omitted informationMozambique Legal Analysis
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Birth Certificate
Is the original birth certificate provided free of charge?
Recommended Practice based on International Guidelines
Legislation should require the registrar, upon completion of registration, to issue an original birth certificate to the parents of the child free of charge. Ideally, the local registrar has the power to issue a birth certificate, as this will shorten the time frame for certificate issuance.Mozambique Legal Analysis
A fee of 77 meticals (equivalent to USD 1.20) is required for a certificate to be issued. Article 15 indicates that posts have authority to make records but does not indicate whether they can issue certificates. Certificate applications have to be referred or relayed to their registry office.