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Note: This content describes Brazilian notary and registry law.

How Out-of-Court Recognition of Paternity Works When the Child Resides in Another City

This article answers

• How does out-of-court recognition of paternity work when the child resides in another city?
• Can an adult daughter sign consent remotely in the out-of-court recognition of paternity when the child resides in another city?
• Is it possible to use a public power of attorney in the out-of-court recognition of paternity when the child resides in another city?
• What documents are required for the out-of-court recognition of paternity when the child resides in another city?
• How much does out-of-court recognition of paternity cost and how long does it take when the child resides in another city?

In brief

• Out-of-court recognition of paternity when the child resides in another city is a formal act performed at a registry office without court proceedings.
• Territorial distance is resolved through communication between registry offices or through a public instrument of power of attorney.
• The consent of an adult child is a mandatory validity requirement for the act.
• This content was reviewed within the last 12 months and reflects the regulations currently in force issued by the Conselho Nacional de Justiça (CNJ - National Council of Justice).

How does out-of-court recognition of paternity work when the child resides in another city?

The procedure for out-of-court recognition of paternity when the child resides in another city takes place directly before the Registro Civil das Pessoas Naturais (Civil Registry of Natural Persons). The father visits the registry office in his place of residence to declare paternity.

The registry official reduces the formal declaration of paternity to a written term. Next, the official sends the document to the registry office where the child resides or where the child was registered. Communication between offices ensures legal certainty (Lei nº 8.935/1994 [Law No. 8,935/1994], art. 1º).

When the child is an adult, the legislation requires their express consent. The registry office in the child's city collects this consent in person. Thus, out-of-court recognition of paternity when the child resides in another city is completed without either party needing to travel.

After collecting the signatures, the registrar creates an annotation on the original birth certificate. The updated document then includes the name of the father and the paternal grandparents.

Base legal

• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• lei_federal 8.935 1994 — Lei nº 8.935/1994
• lei_federal 8.935 1994 — Lei nº 8.935/1994

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• Birth, Death, and Filiation Registration at the Civil Registry

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