Sometimes there are situations when the father cannot be present at the birth or registration of the child in Mexico. In particular, if the father is too tightly attached to work in his homeland. Is it possible to register a child and receive a Mexican birth certificate without the presence of the father? Is it possible for the father to later obtain a permanent resident card in Mexico if the child’s registration was completed without him?
The mother has the opportunity to independently register the newborn and obtain a birth certificate. All issues related to the procedure for the father’s acquisition of a residence permit in Mexico can be resolved later.
An important point and a headache after registering a child without a father — changing the child's surname.
The laws of all Mexican states require that both parents be present in person when registering the child. However, in most states, parents must also offer their birth certificates, not just identification (passport). The information about the parents on the child's birth certificate will be transferred from the parents' birth certificates, and if their certificates are foreign, then from the official translations of their certificates into Spanish. In addition, they have the opportunity to request a marriage certificate for their parents.
In general, we described the procedure for registering a child in Mexico and issuing a birth certificate for him in thispublications.
If only the mother is present at the child's registration, the child will still be registered. But the father’s information will not be indicated on his birth certificate; the corresponding fields will remain empty (this only applies to foreign parents!). Then the father is not entitled to obtain permanent residence in Mexico, since he will not be included in the birth certificate of his Mexican child.
The ability to include the father on the child’s birth certificate at the time of registration without the presence of the father depends on your ability to negotiate. Depending on the situation, we manage to agree with the registry office employees so that the father is entered on the child’s birth certificate without his presence. To do this, the mother must have a marriage certificate.
But information about the father can be added to the child’s Mexican birth certificate later, before he comes of age. To do this, parents must go through the procedure of confirming paternity (Reconocimiento de Paternidad). This legal procedure can be carried out in the offices of the Mexican Civil Registry (Registro civil, Civil Registry Office), and not necessarily in the office where the child was registered. Both parents must be present.
The following documentation is required:
- Identity cards (passports) of both parents,
- Child's birth certificate,
- Parents' birth certificates (varies by state),
- Parents' marriage certificate (varies by state if birth certificates are not available),
- Proof of home address (up-to-date utility bill),
- Copies of ID cards of two witnesses,
- Father's application for recognition of paternity. Most often this is a form to fill out, but in addition it can be a free-form letter in which the father briefly outlines why he wants to prove the paternity of the minor.
In addition, simple copies of the specified documentation will be required. They may also request other documents, for example, parents’ CURP, if available.
A judicial procedure for acknowledging paternity is also possible, in particular, based on the date of birth after registration or divorce, or on the basis of a DNA test.
Once paternity is recognized, a certified copy of the acknowledgment document is issued. The original is sent through the registro civil channels to the registry office where the child was registered (if it is not the same registry office). There, the corresponding entry is made in the Civil Register and an updated birth certificate is issued for the child, which will indicate the names and surnames of both parents. The father can already use such a child’s birth certificate to obtain a residence permit in Mexico.
Child's last name
Mexican law requires that a child born in Mexico have two surnames: a father and a mother. If there is no father, and the mother has one surname, then the child is most often given the mother’s surname, for example, IVANOVA IVANOVA. The legislation of some states allows that, upon a separate application from the mother, the child will have one last name (IVANOVA) or a second fictitious last name will be added (IVANOVA PETROV). But the first surname of a child who is registered without a father will always be the mother’s surname.
You need to understand that confirmation of paternity entails a change in the child’s last name, which in turn requires a change in all identification cards and official documents that the child has already received (CURP, passport, etc.). This is quite troublesome, for this reason it is necessary to think in advance whether the registration of the child without the presence of the father is assessed.
Once paternity is established, the child's surname will be changed as follows:
If the child had two mother's surnames (IVANOVA IVANOVA), and the father's surname was PETROV, the child's surname will change to PETROV IVANOVA.
If the child had two surnames — one is the mother, and the second is fictitious (IVANOVA PETROV), the child’s surname will change to PETROV IVANOVA.
If the child had one mother's surname (IVANOVA), the child's surname will change to PETROV IVANOVA.
Before choosing or changing a child’s surname, you have the opportunity to obtain a certificate from the consulate of your country stating that for a boy the surname should be written without the ending A, and bring this certificate for registration. Then the boy will have the last name IVANOV or PETROV IVANOV.
If, after recognition of paternity, the father wants the child to keep his old surname, he needs to discuss this with the Registro Civil, but most likely he will have to formalize the preservation of the surname through the court, because such preservation of the surname is contrary to Mexican law.