Understand how this important document is translated
Many parents dream about giving birth abroad, either because of the experience or the personal benefits the child will receive, depending on the country chosen. This implies in the birth registration being made abroad, as the process will take place outside Brazil.
A birth certificate is an important document and it’s then replaced by a marriage certificate for those who decide to get married. This means you will be keeping your birth certificate for several years.
Similarly, birth certificate translation is also an important subject, and often full of uncertainty. It must be written in Brazilian Portuguese to be legally valid in Brazil.
First, let’s learn about the process of giving birth to a child outside Brazil, and then how you can have the child’s birth certificate translated once you get to Brazil.
Is it possible to give birth to a child abroad?
This changes a lot from country to country, but we address here key information that can help you.
Parents who want to give birth to a child in another country are most interested in the possibility of their child being considered a citizen of that country. Having dual citizenship can be of great benefit.
Therefore, unrestricted jus soli (right of soil) must be enforced in the country, which means that anyone who is born in the country is automatically considered a citizen, regardless of any other condition.
Currently, unrestricted jus soli is in force in the following countries: Antigua and Barbuda, Argentina, Barbados, Belize, Brazil, Canada, Chad, Chile, Cuba, Dominica, Ecuador, El Salvador, the United States, Fiji, Grenada, Guatemala, Guyana, Honduras, Jamaica, Lesotho, Mexico, Pakistan, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Uruguay, and Venezuela.
The opposite happens when jus sanguinis (right of blood) is in force in the country, that is, when citizenship is obtained by descent under certain conditions. Some countries, like Ireland, for example, where jus sanguinis is in force, confer citizenship when at least one of the grandparents is Irish, even if the parents are not.
Regarding necessary supporting documents, there may be differences according to the country chosen, but the main ones are as follows:
Parents’ passport and visa (if required to enter the country);
Marriage certificate (if parents are married);
Birth Registration Application Form;
A document proofing the declarant has a Brazilian nationality, such as marriage certificate, birth certificate or naturalization certificate;
How is birth registration done abroad?
The process also changes from country to country, but some basic information provided is already useful to those who want to learn more about the subject
The aforementioned documents may be taken to a Brazilian Consular Office in the country where the baby was born. The Federal Constitution of 1988 states that children of Brazilians born abroad are also considered to be native Brazilians when this process is carried out.
Therefore, it is interesting to learn the location of the Brazilian consulate in the country where you intend to have your child, because even though Brazil is a country where unrestricted jus soli is in force, children of Brazilians have the right to be considered Brazilian citizens even if they are born outside Brazil.
However, when birth registration is done only in the country of origin, but not in a Brazilian Consular Office, the process works differently.
If registration is made in a civil registry office in Brazil, there is a future implication. When the child grows up and comes of age, he/she has to make a formal decision to retain his/her Brazilian nationality in the presence of a federal judge, which can be relatively time consuming and bureaucratic.
From the moment a person turns 18 years old, their status as native Brazilian is suspended until the person decides to retain their Brazilian nationality (if the person so whishes). This prevents the person from enjoying their rights as citizen, including having their signature notarized, having a Brazilian passport issued, and having a power of attorney drew up, for example.
Persons can enjoy their Brazilian nationality until they turn 18 years old, but from that age, they are able to make a decision and must choose one nationality. Nevertheless, this can be avoided if parents go to a Brazilian consulate in the country where their child was born to register their child’s birth.
Regardless of a person’s status, birth registration abroad will have to be translated by a sworn translator in order to become valid in Brazil. Sworn translations ensure the legal validity of a document and express its contents in a specific language.
Birth registration abroad: an important aspect for those who are born outside Brazil
The benefits of being born in another country where jus soli is in force are really great, such as being able to enjoy all rights native citizens are entitled to, especially in countries like the United States and Canada, which are among the most popular countries for those who want to study abroad.
Enjoying the benefits of being a citizen and being able to study, work and receive medical care, for example, is really great. However, one should remember that citizens also have duties, like reporting to the country’s federal revenue service and having to enlist in the army, for example, according to the law of each territory.
If you want your child to have these special conditions, make all the necessary plans to make sure you don’t miss anything, save a large amount of money (preferably an extra amount for emergency), and make your dream come true.
Don’t forget you have to rely on a good translation agency, like Fidelity that has over 49 years of experience in the segment, to translate your foreign birth registration so that you comply with all legal requirements.