Decree No. 31/07 of 14 of May, Birth Registration
|Publisher||National Legislative Bodies / National Authorities|
|Author||Council of Ministers|
|Publication Date||14 May 2007|
|Citation / Document Symbol||31/07|
|Related Document||Decreto n° 31/07 de 14 de Maio 2007, Registo nascimento|
|Cite as||Decree No. 31/07 of 14 of May, Birth Registration , 31/07, 14 May 2007, available at: http://www.refworld.org/docid/46bad6752.html [accessed 3 September 2014]|
|Comments||Promulgated on 25 April 2007. This is an unofficial translation.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Taking care of that despite the success of the two campaigns of gratuitous register of minors, still exist children to register;
Having present the established in the article 7° of the Convention on the Rights of the Child, according to which all the child is register immediately after its birth, having right to a name, to a nationality;
Considering that 1° National Forum on Cares and Development of Angolan First Infancy, carried through of 14 the 16 of September of 2004 in Luanda, recommended the effectiveness of the gratuitous register of birth of first infancy, which means, from 0 to the 5 years of age;
Having necessity to materialize the gratuitousness of this and other rights, to the light of established in articles 30° and 47° of the Constitutional Law and in the article 4° of the Family Code;
In the terms of the agreed disposals of paragraph c) of the article 112° and the article 113°, both of the Constitutional Law, the Government decrees the following one:
(Object and scope)
The present diploma aims to regulate the gratuitousness of the registers of births and deaths for first infancy, as well as establishing the gratuitousness in the attribution of the identity card to the minors in the age band foreseen in the article 7°.
The registers that is relates on the previous articles are entirely gratuitous.
(Declaration of birth)
The declaration of birth to do in the terms of the present diploma competes obligator and successively:
a) to the people indicated in articles 120° and 125° of the Civil Register Code;
b) to the commission to tutor of minors in the cases foreseen in the paragraph a) of n° 2 of the article 27° of the Law n° 9/96, of 19 of April, Law of the Judgeship of Minors;
c) to the responsible ones of the centers where the children are enrolled for assistances ends.
(Declaration of filiation)
1. The declaration of filiation must be made by the ancestors, being able to be made only by one of them, when the same ones are joined by the bond of the marriage or recognized union of fact.
2. The declaration of filiation must obligatorily be made by the two ancestors, when the same ones are not joined by the bond of the marriage for recognized union of fact.
3. Without prejudice of the made use one in the previous number, the filiation register can be made only by the one of the ancestors, having conservative of the civil register of the place of effectiveness of the register, to communicate the cited act to the Public Prosecution service integrated on the Room of Family of the competent Provincial Court, for the purpose of establishment of filiation, in the terms of made use in articles 184° 186° of the Family Code.
4. Always that the declaration of filiation is not made by the ancestors, in the terms of the previous numbers, the same one does not produce any effect as heading of the register fact serving, only for statistical ends.
5. For the effect of the made use one in the previous number, the confirmation can be made by the ancestors in the settled legal stated period for the effect, in the terms of the Civil Register Code.
(Composition of the name)
In the composition of name of the children is observed what is disposed in n° 10/85 Law, of 19 of October.
(Local of register)
The birth registers are become fulfilled in the conservatories of the civil register, consulates in the maternities, medical centers, health posts, municipal and communal administrations of the residence of the ancestors.
(Gratuitousness of the identity card)
The concession of the identity card is gratuitous to all the minors with ages understood between the 8 and 11 years.
(Doubts and omissions)
The doubts and omissions that to appear of the interpretation and application of the present diploma are decided in Ministries Council.
(Entered in vigor)
The present diploma enters in vigor in the date of its publication.
Approved visa and in Ministries Council, Luanda, to the 23 of March of 2007.
It is published.
Prime minister, Fernando da Piedade Dias dos Santos.
Promulgated in 25 of April of 2007.
The President of the Republica, JOSE EDUARDO DOS SANTOS.