My fiancé and I are both British, but (as is clear) not yet married. We had our first child here in November. Ideally, we would like to register his birth with the British Consulate before leaving in June to live in the UK again. We are aware that this is not necessary and we could either wait until we are back or apply for a British passport directly. (He already has his Brazilian passport). However, we'd like to do it. We understand that, in order to have my fiancé named as the father on the consular birth cert, we need to make a paternity declaration at 'the nearest consulate'. After researching this (including trying to call them and speaking to someone) I am still unclear about whether this can be done in SP (at a 'Swearing an oath or affidavit' appointment) before sending all our documents off to Rio. Does anyone have any experience of this? Thank you
Paternity declarations at British Consulate SP?
Yes, you should be able to take the oath or make the solemn affirmation at the British Consulate in São Paulo. You should also be able to register the birth there too or at least submit the documents to them to be forwarded to Rio in the Consular pouch.
Good thing that you have obtained a Brazilian passport for your baby, since as a Brazilian citizen by birth your child would not be permitted to leave the country without a Brazilian passport. This will remain the case on any further visits as well. Once your child has the UK passport then he will enter and exit the UK with the UK passport and enter and exit Brazil only with the Brazil Passport.
Have you applied for a Brazilian VIPER Permanent Visa based on having a Brazilian child? This is your right. You can only do so from within Brazil so you may want to keep that in mind for any future visits. If you need more detailed information about that, its advantages and disadvantages you can send me a private message.
Cheers,
William James Woodward, Expat-blog Experts Team
Thank you! We have not applied for a VIPER yet, though we might.
Do you know how I would get a paternity declaration done if I am in the UK?
Everything has gone horribly wrong in the UK - if I go to Brazil for the birth I will return with no job to go to.
Hello Gareth,
As far as I understand it, if you are unable to personally attend the Cartório de Registro Civil here in Brazil at the time the child's birth is registered you would need to provide them with a notarized Declaration of Paternity in order for the child to be registered in your name. Otherwise the mother would only be able to register the child with her surname. Since you are not married to the child's mother there is no "presumption of paternity" under the law as there is with married couples.
Your child's mother would need to check with the Cartório where the birth will be registered to enquire if there are any other documents required other than the usual (i.e. certified copies of your ID or passport, full names and birthplace of your parents, your Birth Certificate, etc.). Just remember that any Declaration of Paternity that you have notarized there is going to need to be translated here in Brazil by a sworn translator if the document is in any other language than Portuguese.
It is extremely important that the mother contact the Cartório in advance of the birth, since there is a time frame for registering the birth. If for any reason she is unable to register the child in your name doing so at a later date becomes extremely complicated and must be ratified by the courts here.
Other than that you should have no problem in registering the child in your name here in Brazil. Once the birth is registered here in Brazil the Birth Certificate should be all you need in order to have the birth registered in the UK, either at the Consular level here in Brazil or back there in the UK.
Articles to help you in your expat project in Brazil
Brazil can be a romantic country, and you may want to marry here. Perhaps you even want to remain in Brazil ...
Brazil is the largest country in South America, as well as Latin America. It's an attractive place to visit due to ...
Brazil is known for its beautiful weather, beaches, and rainforests. So it's no wonder why so many expats are ...
Death can be a difficult subject to deal with, but there comes a time when we have to confront the idea of either ...
It's much easier these days to get a cell phone in Brazil, and phones and calling plans are inexpensive ...
Have you always dreamed of dancing to the rhythm of a Brazilian carnival? Do you wish to enjoy the sand and the ...
