Procedure

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. 

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. 

Mozambique 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. 

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. 

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.

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. 

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.

Mozambique Legal Analysis

Any registration that contains an irregularity, deficiency or inaccuracy that does not render it null and void, can be rectified. Minor errors can be corrected by marginal annotation or, when the irregularity concerns identification details and there is no doubt about the person's identity, by an administrative amendment authorized by the registrar.

Article 116(2) allows the registrar to correct an error immediately after signing the record by making a declaration on the same record. The rectifications are entered into the record free of charge, the law does not authorize fees for simple corrections.