Our staff is undertaking analysis for this metric. Please check back later.
Disclaimer / Limitations
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Birth Registration
Mozambique
Responsive Image
Mozambique
Birth Registration
Specific Situations
Specific Situations
Foundling
Does the law specify the process and responsibilities for registering the birth of a child who was abandoned and whose parents are not known?
Yes
Recommended Practice based on International Guidelines
All births should be registered, including those of a foundling (a child who has been abandoned and whose parents are unknown.) Generally, the person or the head of the institution that assumes custody of the infant should be responsible for notifying the registrar of the birth. The person reporting the birth should provide: date and place of finding, sex, approximate birth date of child, name and address of person/institution reporting finding, name given to the child by the custodian of the child, and any other information requested by registrar. The entry should be marked as "foundling" (or similar) and information about parentage left blank. If child is later identified, the foundling registration should be voided and placed under seal
In the case of children who have been abandoned, their birth must be registered in the office with jurisdiction over the place where the child was found. The process and information that must be captured when recording birth of a child who has been abandoned, are specified in Articles 132-136 of the Civil Registry Code.
Does the law clearly state the process for amending birth registrations in adoption cases?
Yes
Recommended Practice based on International Guidelines
Laws should contain clear provisions for amending the birth registration record in the case of adoption. Country laws vary regarding the legal requirements and arrangements for adoption. Many jurisdictions require that adoptions be kept confidential. Courts should be required to transmit adoption orders to the civil registrar.
If a child is adopted from a foreign country, most countries have a process by which the adoptive parents may apply for a domestic birth certificate.
Adoption must be annotated on the birth record. Article 85(g) of the Civil Registry Code lists adoption and its revocation among the facts that must be entered into the birth record.
Articles 275-277 require that, narrative certificates for adopted children indicate only the adoptive parents, with the natural parents' details only when legally necessary (such as when initiating marriage process). This means that, when an adoption is finalised, the registrar amends the birth register to record the adoptive parents and restricts access to information about the natural parents.
The law does not specifically address issues with obtaining a domestic birth certificate for children adopted from foreign countries but will likely follow same process if adoptive parents are Mozambican.
Does the law provide for a third sex marker option or a sex-neutral marker at birth registration?
No, the law only provides for registration of sex as male or female
Recommended Practice based on International Guidelines
Issuing a birth certificate with an assigned male or female sex at birth can have a profound impact on the rights of intersex people. UN guidelines recommend that States consider allowing a sex-neutral option at birth registration such as "intersex", "unclear", "unknown" or "other", alongside "Male" and "Female". Some states have considered removing sex markers from birth certificates.
The only sex marker options are male and female. There are no other markers. In addition, Article 129 (2) indicates that, first names entered into the register, should not cause anyone to be confused about the person's sex.
If surrogacy is legal, is there a defined process to register the internationally recommended data for surrogate births?
No
Recommended Practice based on International Guidelines
The notification and registration of the birth should be as complete as possible including in States which permit surrogacy arrangements or [States of destination] which subsequently register the child in their national registries. Identifying information should include date and place of birth, the surrogate mother, intending parent(s) and information relating to persons providing human reproductive material if any. Medical clinics, providers and/or registries of human reproductive material should make all identifying information available to national registries.
There are two general processes for surrogacy. 1) the original birth registration record has the names of the intended parents (no amendment required). 2) the birth is registered under the name of the surrogate (gestational) mother, and then the birth registration record is amended, based on a court surrogacy decree, to have the names of the intended parents included.
Mozambican law does not provide a specific procedure for registering births resulting from surrogacy arrangements. Surrogacy is not regulated, so the general birth-registration rules apply. The woman who gives birth is recorded as the mother ( Articles 140-144) unless a court decides otherwise. No amendment procedure exists to reflect intended parents in surrogacy cases.
