Paternity Acknowledgment in the Civil Registry

Note: This content describes Brazilian notarial and civil registry law.

Em resumo

• The paternity and maternity acknowledgment in the Civil Registry (reconhecimento de paternidade e maternidade no Registro Civil) is a voluntary and irrevocable extrajudicial act that establishes the biological or socioaffective filiation bond directly on the birth record.
• Express consent from the child is mandatory when they are over 18 years old, and consent may be collected at the registry office of the city where the child resides.
• Mothers under 16 years of age register their children accompanied by their parents or legal guardians, without the need for the newborn's father to be present.
• The legal certainty of the acts and compliance with registry duties are guaranteed by services organized under the law (Lei nº 8.935/1994 [Notary and Registry Law], art. 1º).

Quem pode fazer o reconhecimento de paternidade e maternidade no Registro Civil?

The paternity and maternity acknowledgment in the Civil Registry can be done voluntarily by any father or mother who possesses civil capacity for acts of civil life Lei nº 10.406/2002 — Código Civil, art. 104. The declaration can be made at the time of birth or at any moment during the child's adult life. The act does not require a judicial process or a lawyer when there is agreement between the parties.

The procedure can be carried out before the official of the Civil Registry of Natural Persons (Registro Civil das Pessoas Naturais – RCPN) of the place of residence or of the registry office where the birth was registered. If the person to be acknowledged is an adult, the legislation requires personal and express consent from the child (Código Civil [Brazilian Civil Code], art. 1º.614). If the child is a minor, the biological mother must give formal consent, except in cases where the mother herself performs the registration.

The attribution of notary and registry services guarantees the effectiveness of this public act, ensuring that the parental bond produces immediate legal effects (Lei nº 8.935/1994, art. 6º). In addition to biological acknowledgment, it is also possible to recognize socioaffective filiation directly at the registry office, in accordance with the general regulations published by the National Council of Justice (Conselho Nacional de Justiça - CNJ). To explore practical aspects of parental registrations in detail, you can read about Birth, Death, and Filiation Registration at the Registry Office.

Como colher a anuência de filha maior de idade que mora em outra cidade para reconhecimento de paternidade?

Obtaining consent from an adult child living in another municipality is a simple procedure in the paternity and maternity acknowledgment in the Civil Registry. The father or mother wishing to perform voluntary acknowledgment initiates the request at the Civil Registry in their own city. Since an adult child must expressly consent, this agreement does not require travel between states.

The adult daughter must go to the Civil Registry of Natural Persons or to a Notary Public Office (Tabelionato de Notas) in the municipality where she resides. At the local registry office, she signs an extrajudicial consent form or executes a public deed of consent. This mechanism respects individual autonomy of will and ensures practical convenience for the citizen.

After signing the documentation locally, the registry office transmits the signed consent form to the original birth registry office through the Electronic System of Public Registries (Sistema Eletrônico dos Registros Públicos – SERP) (Lei nº 14.382/2022, art. 3º). The registrar annotates the father's or mother's name and the grandparents' names on the birth certificate. If you wish to understand the use of public powers of attorney or representation at registry offices, consult the article on Public Power of Attorney.

Na declaração de maternidade de menor de 16 anos, é essencial a presença do pai para assinatura?

The presence of the child's father is not necessary for a mother under 16 years of age to make the maternity declaration and register her child. The maternal bond is proven by the Live Birth Declaration (Declaração de Nascido Vivo – DNV), a document provided by the hospital or maternity clinic at the time of delivery. Presenting the DNV is sufficient proof of maternity for the birth record.

Because the mother is under 16 years of age, she is considered absolutely incapable of performing independent civil acts (Código Civil, art. 3º). For this reason, she must attend the Civil Registry accompanied by one of her parents or her legal guardian. The young mother's parents sign the registry book jointly to assist and supplement her civil capacity.

The newborn's father does not need to be present to validate the maternity registration. If the father wishes to voluntarily acknowledge paternity at the same time, he may sign the acknowledgment document. However, if he is absent or refuses, the child will be registered with the mother's name and paternal filiation will remain blank. The registry office will notify the competent authorities for eventual paternity investigation.

Quais documentos são necessários para o reconhecimento de paternidade ou maternidade no Registro Civil?

To initiate the paternity and maternity acknowledgment in the Civil Registry, the parties must present updated identification documents and proof of the original birth entry. Qualification rules ensure the correct entry of data into the national public records (Provimento CNJ nº 149/2023, Livro II).

The required documentation includes:

• Official photo identification document (RG, CNH, or Passport) of the declarant.
• Individual Taxpayer Registration Card (CPF).
• Updated Birth Certificate of the child to be acknowledged.
• Live Birth Declaration (Declaração de Nascido Vivo – DNV), in cases of a newborn's initial registration.
• Formal consent form from the child, if they are over 18 years of age.
• Identification document of the legal guardian, if the acknowledging parent is under 16 years of age.

All documents must be legible, free of alterations, and with consistent personal identification data. In cases of socioaffective acknowledgment, the registry office will also require supplementary documents demonstrating the bond of affection and community living. You can deepen your analysis by reading about Recognition of Socioaffective Filiation in the Civil Registry.

Quanto custa e quanto tempo leva o procedimento de reconhecimento de paternidade no Registro Civil?

The extrajudicial act of paternity and maternity acknowledgment in the Civil Registry is free of charge regarding the declaration document itself, according to citizenship access guidelines set by the legal order. Citizens do not pay notary or registry fees (emolumentos) for the acknowledgment statement executed at the registry office.

However, fees apply for the issuance of the new updated birth certificate and for the electronic transmission of certificates between registry offices located in different municipalities. The costs for these certificates follow the official fee schedule approved by the State Court of Justice (Tribunal de Justiça) where the act is performed.

The timeframe to complete the procedure and record the paternity annotation ranges from 5 to 15 business days. When the child's consent is sent from another city via the integrated electronic system, the annotation occurs as soon as the receiving registrar validates the digital notification of the act.

Checklist de documentos

• [ ] Official photo identification document (RG or CNH) of the parents and adult child
• [ ] Individual Taxpayer Registry (CPF) of all involved parties
• [ ] Original and updated Birth Certificate of the person to be acknowledged
• [ ] Live Birth Declaration (Declaração de Nascido Vivo – DNV) issued by the maternity hospital (for newborns)
• [ ] Consent form signed by the child (for individuals over 18 years of age)
• [ ] Identification document of the responsible grandparent (when the mother is under 16 years of age)

Na prática

Caso 1: Consent from an adult child in another municipality

A father residing in Recife wished to perform the paternity and maternity acknowledgment in the Civil Registry for his 24-year-old daughter, domiciled in São Paulo. The father went to his local registry office to formalize the request. The daughter appeared at the Civil Registry in São Paulo, signed the consent form upon identity verification, and the document was transmitted through the electronic central system. The annotation on the birth record was completed within 7 business days without requiring either party to travel.

Caso 2: Newborn registration by a mother under 16 years of age

A 15-year-old young woman gave birth at a public hospital. She attended the Civil Registry with her mother (the child's grandmother), carrying the DNV and her personal documents. The newborn's father did not attend and made no declaration. The registry official collected the young woman's declaration, accompanied and represented by her mother. The birth record was drawn up containing the adolescent mother's name and the maternal grandparents, ensuring the baby's right to an immediate birth certificate.

O que costuma dar errado

• Attempting to acknowledge an adult child without the child's formal consent: Legislation establishes that an adult child cannot be acknowledged without their express consent. If the act is processed without this agreement, the annotation will not be performed by the registrar.
• Requiring the father's presence to register a child born to a mother under 16: This is a common misunderstanding. A minor mother has the right to register her child assisted by her legal guardians, regardless of the newborn father's presence, authorization, or consent.
• Assuming that the process requires a lawyer or judicial lawsuit: Paternity and maternity acknowledgment in the Civil Registry is a purely administrative and extrajudicial procedure when the parties are in agreement, dispensing with court proceedings.

Base legal

• Lei nº 8.935/1994, art. 1º Lei nº 8.935/1994, art. 1º — Establishes notary and registration services as organizational means to guarantee publicity, authenticity, security, and effectiveness of legal acts.
• Lei nº 8.935/1994, art. 6º Lei nº 8.935/1994, art. 6º — Defines the duties of notary publics and registrars in executing and formalizing acts within their legal competence.
• Lei nº 10.406/2002 — Código Civil, art. 104 Lei nº 10.406/2002 (Código Civil), art. 104 — Defines the validity requirements for legal acts and transactions performed by capable persons.
• Lei nº 14.382/2022, art. 3º Lei nº 14.382/2022, art. 3º — Regulates the operation of the Electronic System of Public Registries (Sistema Eletrônico dos Registros Públicos – SERP) and the transmission of registry acts.
• Provimento CNJ nº 149/2023, Livro II Provimento CNJ nº 149/2023, Livro II — Consolidates National Internal Affairs Service rules of the National Council of Justice regarding Civil Registry of Natural Persons procedures and filiation annotations.
• Normative note: Lei nº 6.015/1973 (Lei de Registros Públicos), art. 54 and art. 160 — Regulates birth entry registration, record elements, and guidelines for voluntary filiation acknowledgment.

Rodapé editorial

Editorial Team: 5º Tabelionato de Notas do Recife

Legal Review: Department of Notarial Services and Registry Qualification

Date of last review: March 29, 2026

Version: 1.0 — PEAN/2026

Informational content; does not replace legal advice for concrete cases.

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