P.R. Laws tit. 24, § 1132

2019-02-20 00:00:00+00
§ 1132. Persons required to make declaration; order

The following have the obligation to make the declaration of the birth certifying the same with his/her signature and/or to respond to the check process of the Vital Statistics Registry to complete the same, in the following order, and ones in the absence of others, for legitimate reasons:

(1) The attending physician at childbirth.

(2) The administrator or director of the institution or other health professional when the birth occurs in a hospital, sanatorium, asylum, penitentiary or any other public or private institution established in Puerto Rico. This shall be a legal obligation not subject to the consent of the family of the newborn child. The Secretary of Health shall determine through regulations the sanctions to be applied to any public or private institution, physicians or any other health professional who fails to comply with this requirement.

(3) When the birth occurs outside of an institution:

(a) Any health professional, including but not limited to physicians, midwives, nurses, emergency technicians and others who have attended the childbirth. The signature of the professional who attended the birth on the birth certificate shall be an implicit duty in the license to practice the profession in Puerto Rico of those professionals subject to such regulations.

(b) Any other person who was present.

(c) The father.

(d) The mother.

(e) The next of kin, provided such relative is of legal age.

(f) [The] legal guardian.

(g) The officials of the Department of the Family when this agency has the legal custody of the minor.

(4) In the case of abandoned newly-born children, by the person giving them shelter.

(5) When the birth occurs without medical assistance or without the assistance of a health professional:

(a) The father.

(b) The mother.

(c) Any other person who has attended the childbirth.

(6) When the newborn child is abandoned:

(a) The person who found the child.

Provided, That neither the father, the mother or any member of the family shall have authority or power to object or prevent that any person authorized by this chapter provide the necessary information to complete the birth declaration, if those required to comply with the law fail to do so within the period of time provided in § 1131 of this title, nor may a legal action be initiated against any person or authority for complying with the same. The contrary shall constitute a misdemeanor, subject to the penalties provided by the Penal Code of Puerto Rico; furthermore, when the person making the declaration of birth does not know how to read or write, the keeper of the Registry shall be under the obligation to fill out the birth certificate using the data furnished by the person making the declaration; and Provided, further, That nothing contained in this part shall prevent the sending of said certificates by mail or through a person other than the declarant, to the keeper of the Registry for their registration, and in all cases the person making the declaration shall be under the obligation to furnish any additional information which may be needed, as well as to correct any incorrect information which may have been furnished, and said person shall also be responsible for any violation of the provisions of this chapter or the regulations issued by the Secretary of Health.

In case the person making the declaration of birth should not be able to give all or part of the information required by this part for the registration of birth, the keeper of the registry shall request said information from any other person or persons having knowledge of the facts in order to duly fill out the birth certificate, and every person who may be questioned by the keeper of the Registry in this connection shall be under the obligation to answer promptly and correctly, in accordance with his best knowledge, such questions as may be asked of him by the said official for the purpose of obtaining the necessary information to fill out the birth certificate, provided he has knowledge of the facts. The persons furnishing such information shall authenticate the same with their signatures if requested to do so by the Keeper of the Registry.

History —Apr. 22, 1931, No. 24, p. 228, § 18; May 12, 1943, No. 117, p. 344, § 1; Feb. 23, 1978, No. 1, p. 3, § 1; Aug. 15, 2007, No. 111, § 2.