Birth of a child in Brazil — registration, citizenship, documents

Citizenship: jus soli and its sole exception

Constitution, art. 12, I “a”: Brazilians by birth — all those born in the Federative Republic of Brazil, even to foreign parents, provided that they are not in the service of their country.

What follows from this:

• The parents' immigration status does not matter. A tourist, a person who has overstayed, a residence holder — in any case the child is Brazilian.
• The caveat about “service of their country” refers to diplomats, consular staff and those in an equivalent position. This is a narrow exception, not the general rule.
• The child's citizenship does not give citizenship to the parents. It gives them a basis for residence, see Residence for family reunification and for marriage to a Brazilian (in Russian).

Procedure: from the maternity hospital to the birth certificate

1. Declaração de Nascido Vivo (DNV). The maternity hospital — public or private — is obliged to issue a declaração de nascimento indicating the particulars of the delivery and the condition of the newborn (art. 10, IV of Law 8.069/1990). This is not the birth certificate, but the basis for obtaining it. More details on the obligations of the maternity hospital — Pregnancy and childbirth in Brazil — prenatal care, maternity hospital, insurance, rights.
2. Cartório de Registro Civil. With the DNV you go to the cartório at the place of birth or to the cartório at the parents' place of residence (art. 50 of Law 6.015/1973).
3. Certidão de nascimento — the birth certificate, the child's primary document.

Deadlines

Declaration of the birth is the duty of the father or mother — together or separately (art. 52, para. 1). Then the law sets the order: another designated person, the nearest present adult relative, the hospital administration or the doctor or midwife who attended the birth.

Mistakes are most often made with the third line of the table: the additional 45 days are given not to the mother, but to the person who declares instead of the parents.

Free of charge — a directly applicable rule

Art. 30 of Law 6.015/1973 as amended by Law 9.534/1997: no fees are charged for the registration of birth and for the first certificate. This applies to everyone, not only the poor; for those declared poor subsequent certificates are also free.

If the cartório charges for the first certificate, sanctions under art. 32 and 33 of Law 8.935/1994 (art. 30, §3-A) apply to it.

What this gives the foreign parent

Residence. The Migration Law 13.445/2017 allows residence for the purpose of family reunification (art. 30, I “i”), and art. 37, II directly includes among beneficiaries the immigrant who has a Brazilian child. Detailed analysis of the procedure — Residence for family reunification and for marriage to a Brazilian (in Russian).

Reduction of the naturalization period. Ordinary naturalization requires 4 years of residence (art. 65, II), but with a Brazilian child the period is reduced to at least 1 year (art. 66, II). Other conditions — legal capacity, proficiency in Portuguese, absence of criminal convictions — remain, see Permanent residence and citizenship of Brazil — terms and requirements (in Russian).

⚠️ This is a description of the legal construct, not a recommendation to plan childbirth for status. The decision to give birth in another country is made on medical and personal grounds.

The child's next documents

After the birth certificate the following are issued for the child:

• CPF — tax number, needed for practically everything, see CPF for a foreigner — what it's for and how to get it;
• passport — through the Federal Police, see Registration with the Federal Police and the CRNM card;
• registration in the health care system and at a health center.

The order and timing of these steps in practice vary by state.

Sources

1. T1Constitution of Brazil — citizenship by birthright and an exceptionplanalto.gov.br · primary source
2. T1Lei nº 6.015/1973 — deadlines for birth registration and the fact that it is freeplanalto.gov.br · primary source
3. T1Lei nº 8.069/1990 (ECA) — obligation of the maternity hospital to issue declaração de nascimentoplanalto.gov.br · primary source
4. T1Lei nº 13.445/2017 — residence for family reunification and naturalization termplanalto.gov.br · primary source

T1 — primary: law, agency site, price list. T2 — secondary: press, specialist sites. T3 — other.