REGISTRATION OF BIRTH*
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Institutii
National
The registration of birth is carried out as a result of a verbal declaration by the persons provided in art. 16 of Law no. 119/1996, republished, with subsequent amendments and additions, or ex officio, by the civil status officer within the S.P.C.L.E.P./within the city hall of the administrative-territorial unit in whose jurisdiction the event occurred, or, as applicable, as a result of a verbal declaration by the persons provided in art. 16 of Law no. 119/1996, republished, with subsequent amendments and additions, by the civil status officer within the diplomatic mission or the career consular office of Romania accredited to exercise consular functions in the state on whose territory the event occurred.
In the situations provided in art. 3 para. (8) of Law no. 119/1996, republished, with subsequent amendments and additions, the registration of birth is done in S.I.I.E.A.S.C. by the civil status officer within S.P.C.J.E.P. at their headquarters, on the basis of the documents existing in S.I.I.E.A.S.C. or presented by the declarant or by the civil status officer within S.P.C.L.E.P. or, as applicable, within the city hall of the competent administrative-territorial unit to register the birth; copy I of birth certificates is sent, in original, with a letter, to S.P.C.L.E.P. or, as applicable, to the competent administrative-territorial unit’s city hall, for the formation of Civil Status Register copy I.
The declaration of birth can be made at any S.P.C.L.E.P., or, as the case may be, the city hall of the administrative-territorial unit where no S.P.C.L.E.P. is constituted, which will transmit the electronic file to the competent civil status officer.
In the birth registers, the birth of a live-born child and the birth of a stillborn child are registered.
The registration of the birth of twins is done by drawing up a separate birth certificate for each child. The same method is applied in the case of conjoined twins.
The deadline for declaring the birth of a child is:
a) 30 days from the date of birth, for a live-born and living child;
b) 3 days from the date of birth, for a stillborn child;
c) 24 hours from the date of death, for a live-born child who died within the 30-day period;
d) 30 days for a child found or abandoned by the mother in the maternity/hospital units.
The deadlines provided under letters a), b), and d) are calculated from the date of birth, respectively of finding or, as applicable, from the date of drawing up the official report of abandonment and include both the day of birth, finding or drawing up the abandonment report, as well as the day the declaration is made.
Registration ex officio is done on the last day of the declaration term, based on the electronic medical birth certificate communicated by the issuer, as well as the checks carried out in S.I.I.E.A.S.C. and R.N.E.P.
The registration of birth within the terms provided under letters a) and c) is made based on the following documents:
a) the medical birth certificate, drawn up in Romania on a standard form, which must include a registration number, a certain date, and the doctor’s signature, and abroad, in accordance with the legislation of the state on whose territory the birth occurred;
b) forensic medical expertise that includes a registration number, a certain date, and the doctor’s signature, as well as the sex and date of birth of the person in year/month/day format, in the absence of the certificate provided under letter a);
c) the identity document of the mother and, as applicable, of the declarant, if the birth is not declared by the mother;
d) the parents' marriage certificate, in original, issued based on the marriage certificate registered/transcribed in the Romanian marriage registers, and if they have different family names, the written statement regarding the family name the child will acquire, given by both parents in front of the civil status officer or the notary public;
e) the acknowledgement of the child born out of wedlock, given by the father in front of the civil status officer, which must also state the family name the child acquires, to which the mother's consent is attached regarding the family name; a minor father who has reached the age of 14 can recognize his own child if he proves discernment at the time of acknowledgement, through a psychiatric expert opinion;
f) the acknowledgment of the child given by the mother in front of the civil status officer, in case a forensic medical expertise is presented, in the absence of a medical birth certificate.
In the situation where one or both parents are foreign citizens or stateless, the registration of birth is carried out based on the documents mentioned above, as well as the following:
a) the passport of the foreign parent/foreign parents or stateless, respectively the identity document for citizens of the European Union, European Economic Area or Swiss Confederation or, as applicable, the identification document issued by I.G.I., in original. In the case of foreign citizens whose identity/travel documents do not contain data written using the Latin alphabet, the legalized Romanian translation of the page containing the person’s identification data is requested; if the presented foreign documents do not distinctly indicate the surname and first name, a notarial statement from the holder is required;
b) parents' marriage certificate or marriage extract, in original, accompanied by a legalized Romanian translation or a standard multilingual form, or a multilingual extract of the marriage certificate, in original, when the marriage was registered by the competent foreign authorities and there is no obligation to transcribe the marriage certificate;
c) statement given by the parent/parents beneficiary(ies) of an international protection form in Romania or, as applicable, asylum seeker(s) in front of the civil status officer or notary public, in case he/she/they cannot present the marriage certificate issued by the foreign authorities before whom the marriage was officiated.
In the situation where both parents are under 14 years old, the document provided under letter a), the mother’s birth certificate, as well as the identity document of the parent, guardian or, as applicable, the legal representative of the mother or of the declarant, if the birth is not declared by the parent, guardian or, as applicable, by the legal representative of the child’s mother, are necessary.
In the situation where the child’s mother is under 14 years old and the father does not acknowledge the child, the document provided under letter a), as well as the following, are required:
a) the mother’s birth certificate;
b) the identity document of the parent, guardian or, as applicable, the legal representative of the mother or of the declarant, if the birth is not declared by the parent, guardian or, as applicable, by the legal representative of the mother.
If the parents’ marriage was registered by the competent foreign authorities and the marriage certificate was not transcribed in the Romanian marriage registers, emergency transcription of the marriage certificate/extract/multilingual extract issued by the foreign authorities into the Romanian marriage registers is carried out; the child’s birth is registered after the transcription of the parents’ marriage certificate.
C.N.P. is assigned only to Romanian citizen children.
If the child’s first name as stated in the medical birth certificate is different from the one declared or consists of more than three words, the birth registration is done based on a written statement, signed by both parents, given in front of the civil status officer registering the act, the notary public, or the Romanian diplomatic missions and career consular offices, stating the child’s first name.
If the parents do not agree on the child’s family name, the guardianship court decides the child’s name and communicates the final decision without delay to the S.P.C.L.E.P. or, as applicable, to the city hall of the administrative-territorial unit where these services are not constituted, where the birth was registered; the birth certificate is issued only after registering the mention regarding the family name set by the guardianship court.
If after the registration of the child’s birth, but before notifying the guardianship court, the parents reach an agreement regarding the family name, it is entered by mention, based on the declaration of both parents, made in front of the civil status officer who registered the act or the notary public.
In the case of drawing up the birth certificate ex officio by the civil status officer or under art. 15 para. (3^1) of Law no. 119/1996, republished, with subsequent amendments and additions, if the parent/parents wish to change the child’s first name, it is entered by mention in the margin of the birth certificate, based on the declaration of both parents, made in front of the civil status officer who registered the act or the notary public.
The provisions also apply in the case in which the civil status officer refused to enter the first name, in accordance with art. 15 para. (2) of Law no. 119/1996, republished, with subsequent amendments and additions, and the parents do not want to opt for another first name.
When the birth declaration is made by a foreign citizen, stateless person, or a citizen of a member state of the European Union, European Economic Area or the Swiss Confederation who does not know Romanian, or by a person with hearing impairment or deafblindness, the documents necessary for registration are requested through an authorized interpreter or, as applicable, an authorized interpreter for sign language or for language specific to persons with deafblindness, fact recorded in a report.
If the parents have different domiciles, the parent who declares the birth will submit a declaration stating with which parent the child will have domicile.
If a person other than one of the parents makes the birth declaration, the notarized statement of either parent must be presented, stating the child’s domicile; if none of the parents is identified at the domicile address through police units, in order to declare in writing the domicile, the child is registered in R.N.E.P., with the mother’s domicile.
In the case where the parent(s) beneficiary(ies) of some form of international protection in Romania, or, as applicable, asylum seeker(s), does/do not hold a passport or an identity document issued by the country of citizenship/the passport issued under the 1954 Convention Relating to the Status of Stateless Persons, in the case of stateless persons, valid, at the remarks section in the act and the child’s birth certificate, the mention: “The identity of the parents/father/mother is declared.” is entered.
The above provisions apply after prior verification at the regional accommodation and procedures centers for asylum seekers to confirm the declared identity of the parent(s).
Upon birth registration within the term provided by art. 42 para. (1) letter a) of Decision no. 255/2024, in the absence of the mother’s identity document, the declarant presents:
a) the documents provided in the previous paragraph, as appropriate;
b) a photocopy of the report drawn up by the police officer during the checks at the request of the medical unit where the birth took place, certified for conformity by the representative of the medical unit.
If the mother’s birth is not registered in the civil status registers, the following documents are presented to draw up the child’s birth certificate:
a) written statement of one of the persons provided in art. 16 of Law no. 119/1996, republished, with subsequent amendments and additions;
b) the report regarding the identity declared by the mother, signed by the representative of D.G.A.S.P.C. in the area of the medical unit where the birth took place, by the police representative, and that of the medical unit;
c) the medical birth certificate;
d) the declarant’s identity document, if the birth is not declared by the mother;
e) the father’s recognition of the child, as applicable, stating also the family name the child will receive, to which the mother’s consent regarding the family name is attached.
The civil status officer performs the following activities:
a) checks in S.I.I.E.A.S.C., including in the R.P.I.D. module, to identify the mother’s birth certificate; if the mother’s and child’s data are not registered in R.P.I.D., the civil status officer sends an address to I.G.P.R. for updating it;
b) verifies the declared data of the mother and declarant in R.N.E.P.;
c) draws up the report proposing the issuance of the mayor’s order regarding the family name and first name of the child. The proposal to establish the family name and first name of the child is made based on the data obtained from the medical birth certificate and the statement provided under letter e), as applicable;
d) submits to the mayor of the administrative-territorial unit the report provided under letter c), accompanied by the entire documentation, for issuing the order.
The child’s birth certificate is drawn up with the family name and first name established by the order of the mayor of the administrative-territorial unit where the birth is registered, and the other data are taken from the medical birth certificate; the section regarding the mother’s data is completed only with the surname and first name of the mother from the report provided under letter b).
In the margin of the birth certificate and in the “MENTIONS” section of the birth certificate, the corresponding mentions provided in annex 20 to Decision no. 255/2024 are entered.
The child’s domicile is as declared by the mother according to the report in letter b), and in the case of recognition by the father, the domicile of the child is established according to legal provisions.
If the report regarding the identity declared by the mother is identified in S.I.I.E.A.S.C., since its electronic form was entered in the system by a forensic scientist and/or doctor, the civil status officer does not request its presentation.
After the expiry of the 30-day period but within one year from the date of birth, the drawing up of the birth certificate is done at the written request of the declarant, with the approval of the mayor of the administrative-territorial unit in whose area the event occurred, or the head of the diplomatic mission or consular office accredited to exercise consular functions in the state on whose territory the event occurred, within up to 30 days from the date of the request.
For the registration of birth after the legal deadline, the civil status officer applies accordingly the provisions of art. 43 of Decision no. 255/2024.
Late registration of birth, after more than one year from the date of birth, is done at the written request of the declarant, with the approval of S.P.C.J.E.P./D.G.E.P.M.B. and with the mayor’s approval of the administrative-territorial unit in whose area the event occurred, within 90 days from the date of the request.
If the request for late registration of birth is submitted to another S.P.C.L.E.P./another city hall than the one competent to draw up the act, the report containing the results of the checks and documents required by law is sent electronically to the civil status officer within the S.P.C.L.E.P./the competent city hall to register the birth.
For the late registration of the birth of children up to the age of 14, the civil status officer applies accordingly the provisions of art. 43 of Decision no. 255/2024 and checks the person for whom the registration is requested, as well as their parents, in S.I.I.E.A.S.C. and, as applicable, in R.N.E.P.
If the declarant does not present the medical birth certificate or it is not found in S.I.I.E.A.S.C., the civil status officer checks the records of the medical unit where the birth occurred or of the family doctor, in case the birth took place at home, to obtain it; if the medical birth certificate is not found, the S.P.A.S. representative is requested to take steps for forensic expertise.
If from the checks carried out at the medical unit the medical birth certificate or documents proving the birth are not found, the place of birth is the one declared.
If the registration of birth is requested by the S.P.A.S. representative, he/she presents the following documents:
a) the medical birth certificate, and in its absence, the forensic medical expertise;
b) the social investigation report;
c) the delegation.
For the late registration of the birth of children aged between 14 and 18, the civil status officer applies accordingly the provisions of art. 49 of Decision no. 255/2024 and carries out the following activities:
a) carries out checks in the D.G.P. records and the judicial record, statistics, and operational records service;
b) checks at the addresses where they state they have lived, and, as applicable, at the educational units where they state they have been enrolled, through the police units;
c) requests a statement from the person whose birth was not registered, and, as applicable, the parents or legal representative of the person, given in front of the civil status officer, to which a 3/4 cm photograph is attached, which is uploaded in S.I.I.E.A.S.C.;
d) establishes whether the person's appearance corresponds to the uploaded photograph and applies it electronically as follows: one on the person’s statement and another on that of the parents or legal representative, as applicable.
For the late registration of an adult’s birth, the written request of the declarant is accompanied by the following documents:
a) the medical birth certificate;
b) the statement of the person whose birth was not registered, given in front of the civil status officer, to which a 3/4 cm photograph is attached, which is uploaded in S.I.I.E.A.S.C.;
c) the statement of two family members, and in their absence, of two persons who know them, given in front of the civil status officer;
d) establishes whether the person’s appearance corresponds to the uploaded photograph and applies it electronically as follows: one on the person’s statement and another on the statements provided under letter c).
The drawing up of a birth certificate for a found child is done based on the following documents:
a) written statement of the person who found the child or the report of the S.P.A.S. representative, within the administrative-territorial unit where the child was found;
b) the official report drawn up and signed by the representative of the competent police unit, the doctor, and the representative of S.P.A.S.;
c) the order establishing the family name and/or first name, issued by the mayor, for situations in which the family name and/or first name of the child are unknown;
d) forensic medical expertise on determining the sex and approximate age of the child;
e) the order regarding emergency placement or, as applicable, the placement judgment.
The report provided under letter b) is registered at the S.P.C.L.E.P. or, as applicable, at the city hall that is to register the birth and includes the following data:
a) year, month, and day when the child was found;
b) child’s sex;
c) place and circumstances in which the child was found;
d) surname, first name, and domicile of the person who found them, as well as, as applicable, of the witnesses;
e) name and address of the institution or of the person to whom the child was entrusted;
f) age of the found child, determined by the doctor by obligatorily indicating the year, month, and day of birth, even if these are approximate;
g) result of the first investigations carried out by the police to identify the mother.
Drawing up the birth certificate for the child abandoned by the mother in a maternity/hospital unit is done based on the following documents:
a) the official report evidencing the abandonment of the child, signed by the representative of D.G.A.S.P.C. in the area where the health unit is located, the police representative, and the maternity/hospital unit representative;
b) the medical birth certificate;
c) the order regarding emergency placement or, as applicable, the placement judgment;
d) police communication regarding the outcome of the checks on the identity of the mother;
e) the mayor’s order to establish the family name and/or first name, for situations where the family name and/or first name of the child are unknown;
f) statement of birth registration.
The birth certificate for the child found/abandoned by the mother in a maternity/hospital unit is filled in with data from the forensic medical expertise/medical birth certificate; if the identity of the parent(s) written in the medical birth certificate cannot be established, the corresponding fields referring to mother and/or father in the birth certificate are not completed.
When the mother declares that she is married, the civil status officer checks S.I.I.E.A.S.C. and R.N.E.P., and the registration of birth is done only after identifying the parents’ marriage certificate.
If the mother declares herself not married, after checks, the child is registered with the mother’s family name, and the sections regarding “father” are not completed.
If a live-born child has died and the birth was not registered, the birth is first registered and then the death.
If the civil status officer registering the death does not have territorial competence to draw up the birth certificate, he/she sends electronically to the S.P.C.L.E.P., or as applicable, the city hall competent to register the birth, the motivated statement of the person requesting registration of the death, together with the medical birth certificate, and communicates the death data for registering the mention.
Drawing up the birth certificate is done with the mayor’s approval, if the registration of birth occurs after the expiry of 24 hours from the date of death, for a live-born child who died within 30 days, but within one year from the date of birth.
For a deceased person whose birth was not registered within the legal term of 30 days, the death certificate is drawn up based on the death certificate and the birth certificate, police verifications, and the statement of the person requesting registration, which must contain identification data; after drawing up the death certificate, the civil status officer informs the death declarant about the need to request registration of the birth.
In the absence of the medical birth certificate, the corresponding mention provided by law is entered in the death certificate; after late birth registration, mentions regarding identification data are made in the margin of the death certificate.
For a stillborn child, only the birth certificate is drawn up; in this case, the fields for “first name”, “citizenship”, and “personal identification number” are not completed, and in the section “from which results a child was born .............” the word “dead” is written.
Upon request, based on the birth certificate, a birth certificate with the mention “STILLBORN CHILD” or a burial/cremation certificate is issued, which is noted in the Register for the issuance of burial/cremation certificates.
After the expiry of 3 days for a stillborn child, but not later than one year from the date of birth, the drawing up of the birth certificate is done with the approval of the mayor of the administrative-territorial unit in whose area the event occurred, or the head of the diplomatic mission or consular office of Romania accredited to exercise consular functions in the state on whose territory the event occurred.
The registration of birth is carried out as a result of a verbal declaration by the persons provided in art. 16 of Law no. 119/1996, republished, with subsequent amendments and additions, or ex officio, by the civil status officer within the S.P.C.L.E.P./within the city hall of the administrative-territorial unit in whose jurisdiction the event occurred, or, as applicable, as a result of a verbal declaration by the persons provided in art. 16 of Law no. 119/1996, republished, with subsequent amendments and additions, by the civil status officer within the diplomatic mission or the career consular office of Romania accredited to exercise consular functions in the state on whose territory the event occurred.
In the situations provided in art. 3 para. (8) of Law no. 119/1996, republished, with subsequent amendments and additions, the registration of birth is done in S.I.I.E.A.S.C. by the civil status officer within S.P.C.J.E.P. at their headquarters, on the basis of the documents existing in S.I.I.E.A.S.C. or presented by the declarant or by the civil status officer within S.P.C.L.E.P. or, as applicable, within the city hall of the competent administrative-territorial unit to register the birth; copy I of birth certificates is sent, in original, with a letter, to S.P.C.L.E.P. or, as applicable, to the competent administrative-territorial unit’s city hall, for the formation of Civil Status Register copy I.
The declaration of birth can be made at any S.P.C.L.E.P., or, as the case may be, the city hall of the administrative-territorial unit where no S.P.C.L.E.P. is constituted, which will transmit the electronic file to the competent civil status officer.
In the birth registers, the birth of a live-born child and the birth of a stillborn child are registered.
The registration of the birth of twins is done by drawing up a separate birth certificate for each child. The same method is applied in the case of conjoined twins.
The deadline for declaring the birth of a child is:
a) 30 days from the date of birth, for a live-born and living child;
b) 3 days from the date of birth, for a stillborn child;
c) 24 hours from the date of death, for a live-born child who died within the 30-day period;
d) 30 days for a child found or abandoned by the mother in the maternity/hospital units.
The deadlines provided under letters a), b), and d) are calculated from the date of birth, respectively of finding or, as applicable, from the date of drawing up the official report of abandonment and include both the day of birth, finding or drawing up the abandonment report, as well as the day the declaration is made.
Registration ex officio is done on the last day of the declaration term, based on the electronic medical birth certificate communicated by the issuer, as well as the checks carried out in S.I.I.E.A.S.C. and R.N.E.P.
The registration of birth within the terms provided under letters a) and c) is made based on the following documents:
a) the medical birth certificate, drawn up in Romania on a standard form, which must include a registration number, a certain date, and the doctor’s signature, and abroad, in accordance with the legislation of the state on whose territory the birth occurred;
b) forensic medical expertise that includes a registration number, a certain date, and the doctor’s signature, as well as the sex and date of birth of the person in year/month/day format, in the absence of the certificate provided under letter a);
c) the identity document of the mother and, as applicable, of the declarant, if the birth is not declared by the mother;
d) the parents' marriage certificate, in original, issued based on the marriage certificate registered/transcribed in the Romanian marriage registers, and if they have different family names, the written statement regarding the family name the child will acquire, given by both parents in front of the civil status officer or the notary public;
e) the acknowledgement of the child born out of wedlock, given by the father in front of the civil status officer, which must also state the family name the child acquires, to which the mother's consent is attached regarding the family name; a minor father who has reached the age of 14 can recognize his own child if he proves discernment at the time of acknowledgement, through a psychiatric expert opinion;
f) the acknowledgment of the child given by the mother in front of the civil status officer, in case a forensic medical expertise is presented, in the absence of a medical birth certificate.
In the situation where one or both parents are foreign citizens or stateless, the registration of birth is carried out based on the documents mentioned above, as well as the following:
a) the passport of the foreign parent/foreign parents or stateless, respectively the identity document for citizens of the European Union, European Economic Area or Swiss Confederation or, as applicable, the identification document issued by I.G.I., in original. In the case of foreign citizens whose identity/travel documents do not contain data written using the Latin alphabet, the legalized Romanian translation of the page containing the person’s identification data is requested; if the presented foreign documents do not distinctly indicate the surname and first name, a notarial statement from the holder is required;
b) parents' marriage certificate or marriage extract, in original, accompanied by a legalized Romanian translation or a standard multilingual form, or a multilingual extract of the marriage certificate, in original, when the marriage was registered by the competent foreign authorities and there is no obligation to transcribe the marriage certificate;
c) statement given by the parent/parents beneficiary(ies) of an international protection form in Romania or, as applicable, asylum seeker(s) in front of the civil status officer or notary public, in case he/she/they cannot present the marriage certificate issued by the foreign authorities before whom the marriage was officiated.
In the situation where both parents are under 14 years old, the document provided under letter a), the mother’s birth certificate, as well as the identity document of the parent, guardian or, as applicable, the legal representative of the mother or of the declarant, if the birth is not declared by the parent, guardian or, as applicable, by the legal representative of the child’s mother, are necessary.
In the situation where the child’s mother is under 14 years old and the father does not acknowledge the child, the document provided under letter a), as well as the following, are required:
a) the mother’s birth certificate;
b) the identity document of the parent, guardian or, as applicable, the legal representative of the mother or of the declarant, if the birth is not declared by the parent, guardian or, as applicable, by the legal representative of the mother.
If the parents’ marriage was registered by the competent foreign authorities and the marriage certificate was not transcribed in the Romanian marriage registers, emergency transcription of the marriage certificate/extract/multilingual extract issued by the foreign authorities into the Romanian marriage registers is carried out; the child’s birth is registered after the transcription of the parents’ marriage certificate.
C.N.P. is assigned only to Romanian citizen children.
If the child’s first name as stated in the medical birth certificate is different from the one declared or consists of more than three words, the birth registration is done based on a written statement, signed by both parents, given in front of the civil status officer registering the act, the notary public, or the Romanian diplomatic missions and career consular offices, stating the child’s first name.
If the parents do not agree on the child’s family name, the guardianship court decides the child’s name and communicates the final decision without delay to the S.P.C.L.E.P. or, as applicable, to the city hall of the administrative-territorial unit where these services are not constituted, where the birth was registered; the birth certificate is issued only after registering the mention regarding the family name set by the guardianship court.
If after the registration of the child’s birth, but before notifying the guardianship court, the parents reach an agreement regarding the family name, it is entered by mention, based on the declaration of both parents, made in front of the civil status officer who registered the act or the notary public.
In the case of drawing up the birth certificate ex officio by the civil status officer or under art. 15 para. (3^1) of Law no. 119/1996, republished, with subsequent amendments and additions, if the parent/parents wish to change the child’s first name, it is entered by mention in the margin of the birth certificate, based on the declaration of both parents, made in front of the civil status officer who registered the act or the notary public.
The provisions also apply in the case in which the civil status officer refused to enter the first name, in accordance with art. 15 para. (2) of Law no. 119/1996, republished, with subsequent amendments and additions, and the parents do not want to opt for another first name.
When the birth declaration is made by a foreign citizen, stateless person, or a citizen of a member state of the European Union, European Economic Area or the Swiss Confederation who does not know Romanian, or by a person with hearing impairment or deafblindness, the documents necessary for registration are requested through an authorized interpreter or, as applicable, an authorized interpreter for sign language or for language specific to persons with deafblindness, fact recorded in a report.
If the parents have different domiciles, the parent who declares the birth will submit a declaration stating with which parent the child will have domicile.
If a person other than one of the parents makes the birth declaration, the notarized statement of either parent must be presented, stating the child’s domicile; if none of the parents is identified at the domicile address through police units, in order to declare in writing the domicile, the child is registered in R.N.E.P., with the mother’s domicile.
In the case where the parent(s) beneficiary(ies) of some form of international protection in Romania, or, as applicable, asylum seeker(s), does/do not hold a passport or an identity document issued by the country of citizenship/the passport issued under the 1954 Convention Relating to the Status of Stateless Persons, in the case of stateless persons, valid, at the remarks section in the act and the child’s birth certificate, the mention: “The identity of the parents/father/mother is declared.” is entered.
The above provisions apply after prior verification at the regional accommodation and procedures centers for asylum seekers to confirm the declared identity of the parent(s).
Upon birth registration within the term provided by art. 42 para. (1) letter a) of Decision no. 255/2024, in the absence of the mother’s identity document, the declarant presents:
a) the documents provided in the previous paragraph, as appropriate;
b) a photocopy of the report drawn up by the police officer during the checks at the request of the medical unit where the birth took place, certified for conformity by the representative of the medical unit.
If the mother’s birth is not registered in the civil status registers, the following documents are presented to draw up the child’s birth certificate:
a) written statement of one of the persons provided in art. 16 of Law no. 119/1996, republished, with subsequent amendments and additions;
b) the report regarding the identity declared by the mother, signed by the representative of D.G.A.S.P.C. in the area of the medical unit where the birth took place, by the police representative, and that of the medical unit;
c) the medical birth certificate;
d) the declarant’s identity document, if the birth is not declared by the mother;
e) the father’s recognition of the child, as applicable, stating also the family name the child will receive, to which the mother’s consent regarding the family name is attached.
The civil status officer performs the following activities:
a) checks in S.I.I.E.A.S.C., including in the R.P.I.D. module, to identify the mother’s birth certificate; if the mother’s and child’s data are not registered in R.P.I.D., the civil status officer sends an address to I.G.P.R. for updating it;
b) verifies the declared data of the mother and declarant in R.N.E.P.;
c) draws up the report proposing the issuance of the mayor’s order regarding the family name and first name of the child. The proposal to establish the family name and first name of the child is made based on the data obtained from the medical birth certificate and the statement provided under letter e), as applicable;
d) submits to the mayor of the administrative-territorial unit the report provided under letter c), accompanied by the entire documentation, for issuing the order.
The child’s birth certificate is drawn up with the family name and first name established by the order of the mayor of the administrative-territorial unit where the birth is registered, and the other data are taken from the medical birth certificate; the section regarding the mother’s data is completed only with the surname and first name of the mother from the report provided under letter b).
In the margin of the birth certificate and in the “MENTIONS” section of the birth certificate, the corresponding mentions provided in annex 20 to Decision no. 255/2024 are entered.
The child’s domicile is as declared by the mother according to the report in letter b), and in the case of recognition by the father, the domicile of the child is established according to legal provisions.
If the report regarding the identity declared by the mother is identified in S.I.I.E.A.S.C., since its electronic form was entered in the system by a forensic scientist and/or doctor, the civil status officer does not request its presentation.
After the expiry of the 30-day period but within one year from the date of birth, the drawing up of the birth certificate is done at the written request of the declarant, with the approval of the mayor of the administrative-territorial unit in whose area the event occurred, or the head of the diplomatic mission or consular office accredited to exercise consular functions in the state on whose territory the event occurred, within up to 30 days from the date of the request.
For the registration of birth after the legal deadline, the civil status officer applies accordingly the provisions of art. 43 of Decision no. 255/2024.
Late registration of birth, after more than one year from the date of birth, is done at the written request of the declarant, with the approval of S.P.C.J.E.P./D.G.E.P.M.B. and with the mayor’s approval of the administrative-territorial unit in whose area the event occurred, within 90 days from the date of the request.
If the request for late registration of birth is submitted to another S.P.C.L.E.P./another city hall than the one competent to draw up the act, the report containing the results of the checks and documents required by law is sent electronically to the civil status officer within the S.P.C.L.E.P./the competent city hall to register the birth.
For the late registration of the birth of children up to the age of 14, the civil status officer applies accordingly the provisions of art. 43 of Decision no. 255/2024 and checks the person for whom the registration is requested, as well as their parents, in S.I.I.E.A.S.C. and, as applicable, in R.N.E.P.
If the declarant does not present the medical birth certificate or it is not found in S.I.I.E.A.S.C., the civil status officer checks the records of the medical unit where the birth occurred or of the family doctor, in case the birth took place at home, to obtain it; if the medical birth certificate is not found, the S.P.A.S. representative is requested to take steps for forensic expertise.
If from the checks carried out at the medical unit the medical birth certificate or documents proving the birth are not found, the place of birth is the one declared.
If the registration of birth is requested by the S.P.A.S. representative, he/she presents the following documents:
a) the medical birth certificate, and in its absence, the forensic medical expertise;
b) the social investigation report;
c) the delegation.
For the late registration of the birth of children aged between 14 and 18, the civil status officer applies accordingly the provisions of art. 49 of Decision no. 255/2024 and carries out the following activities:
a) carries out checks in the D.G.P. records and the judicial record, statistics, and operational records service;
b) checks at the addresses where they state they have lived, and, as applicable, at the educational units where they state they have been enrolled, through the police units;
c) requests a statement from the person whose birth was not registered, and, as applicable, the parents or legal representative of the person, given in front of the civil status officer, to which a 3/4 cm photograph is attached, which is uploaded in S.I.I.E.A.S.C.;
d) establishes whether the person's appearance corresponds to the uploaded photograph and applies it electronically as follows: one on the person’s statement and another on that of the parents or legal representative, as applicable.
For the late registration of an adult’s birth, the written request of the declarant is accompanied by the following documents:
a) the medical birth certificate;
b) the statement of the person whose birth was not registered, given in front of the civil status officer, to which a 3/4 cm photograph is attached, which is uploaded in S.I.I.E.A.S.C.;
c) the statement of two family members, and in their absence, of two persons who know them, given in front of the civil status officer;
d) establishes whether the person’s appearance corresponds to the uploaded photograph and applies it electronically as follows: one on the person’s statement and another on the statements provided under letter c).
The drawing up of a birth certificate for a found child is done based on the following documents:
a) written statement of the person who found the child or the report of the S.P.A.S. representative, within the administrative-territorial unit where the child was found;
b) the official report drawn up and signed by the representative of the competent police unit, the doctor, and the representative of S.P.A.S.;
c) the order establishing the family name and/or first name, issued by the mayor, for situations in which the family name and/or first name of the child are unknown;
d) forensic medical expertise on determining the sex and approximate age of the child;
e) the order regarding emergency placement or, as applicable, the placement judgment.
The report provided under letter b) is registered at the S.P.C.L.E.P. or, as applicable, at the city hall that is to register the birth and includes the following data:
a) year, month, and day when the child was found;
b) child’s sex;
c) place and circumstances in which the child was found;
d) surname, first name, and domicile of the person who found them, as well as, as applicable, of the witnesses;
e) name and address of the institution or of the person to whom the child was entrusted;
f) age of the found child, determined by the doctor by obligatorily indicating the year, month, and day of birth, even if these are approximate;
g) result of the first investigations carried out by the police to identify the mother.
Drawing up the birth certificate for the child abandoned by the mother in a maternity/hospital unit is done based on the following documents:
a) the official report evidencing the abandonment of the child, signed by the representative of D.G.A.S.P.C. in the area where the health unit is located, the police representative, and the maternity/hospital unit representative;
b) the medical birth certificate;
c) the order regarding emergency placement or, as applicable, the placement judgment;
d) police communication regarding the outcome of the checks on the identity of the mother;
e) the mayor’s order to establish the family name and/or first name, for situations where the family name and/or first name of the child are unknown;
f) statement of birth registration.
The birth certificate for the child found/abandoned by the mother in a maternity/hospital unit is filled in with data from the forensic medical expertise/medical birth certificate; if the identity of the parent(s) written in the medical birth certificate cannot be established, the corresponding fields referring to mother and/or father in the birth certificate are not completed.
When the mother declares that she is married, the civil status officer checks S.I.I.E.A.S.C. and R.N.E.P., and the registration of birth is done only after identifying the parents’ marriage certificate.
If the mother declares herself not married, after checks, the child is registered with the mother’s family name, and the sections regarding “father” are not completed.
If a live-born child has died and the birth was not registered, the birth is first registered and then the death.
If the civil status officer registering the death does not have territorial competence to draw up the birth certificate, he/she sends electronically to the S.P.C.L.E.P., or as applicable, the city hall competent to register the birth, the motivated statement of the person requesting registration of the death, together with the medical birth certificate, and communicates the death data for registering the mention.
Drawing up the birth certificate is done with the mayor’s approval, if the registration of birth occurs after the expiry of 24 hours from the date of death, for a live-born child who died within 30 days, but within one year from the date of birth.
For a deceased person whose birth was not registered within the legal term of 30 days, the death certificate is drawn up based on the death certificate and the birth certificate, police verifications, and the statement of the person requesting registration, which must contain identification data; after drawing up the death certificate, the civil status officer informs the death declarant about the need to request registration of the birth.
In the absence of the medical birth certificate, the corresponding mention provided by law is entered in the death certificate; after late birth registration, mentions regarding identification data are made in the margin of the death certificate.
For a stillborn child, only the birth certificate is drawn up; in this case, the fields for “first name”, “citizenship”, and “personal identification number” are not completed, and in the section “from which results a child was born .............” the word “dead” is written.
Upon request, based on the birth certificate, a birth certificate with the mention “STILLBORN CHILD” or a burial/cremation certificate is issued, which is noted in the Register for the issuance of burial/cremation certificates.
After the expiry of 3 days for a stillborn child, but not later than one year from the date of birth, the drawing up of the birth certificate is done with the approval of the mayor of the administrative-territorial unit in whose area the event occurred, or the head of the diplomatic mission or consular office of Romania accredited to exercise consular functions in the state on whose territory the event occurred.
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