Birth registration in the Civil Registry and use of the power of attorney

This procedure is not merely administrative: it formalises the legal personality of the newborn, allowing them to access all the fundamental rights recognised in the legal system. Registration is the preliminary step to obtain the literal birth certificate and, subsequently, the National Identity Document, passport and health card.

The law sets specific deadlines and rules that parents must comply with. Depending on their marital status (married, civil partners or single parents), the requirements change significantly. While married parents benefit from the legal presumption of paternity and can register the child more easily, in other cases both parents must appear in person at the Civil Registry, which can be inconvenient for the mother who has just given birth.

In this context, the possibility of granting a power of attorney becomes highly relevant: it allows the process to be simplified and unnecessary travel to be avoided.

At the time of birth registration in the Civil Registry, the parents must declare the chosen name for the newborn, as well as the order of the surnames. Current regulations grant parents full freedom to decide whether the first surname corresponds to the mother or the father, provided there is agreement.

If it is the first child in common, this order will also determine that of subsequent children, so that all siblings will share the same sequence of surnames. If there is no agreement between the parents, the Civil Registry officer will decide, taking into account the best interests of the child.

Therefore, it is advisable to reflect this point in the notarial power of attorney for birth registration itself, so that there is an express record of the agreement and additional procedures or possible later discrepancies are avoided.

Furthermore, when the parents are married and only one of them attends the Civil Registry — usually the father — it will be necessary to provide a document signed by the mother expressly stating the order of the surnames, thus ensuring that the choice has been agreed upon.

The traditional route consists of going directly to the Civil Registry of the municipality where the birth took place. However, the regulations also allow the registration to be carried out at the Civil Registry of the municipality of residence of the legally recognised parent or parents, thus offering a more flexible alternative for families.

There, the parents present the necessary documentation:

• Medical birth certificate, issued by the healthcare centre where the delivery took place.
• Identity document of the parents.
• Family book in the case of married couples, or joint declaration of the parents if they are not married.
• Power of attorney, if one of the parents acts on behalf of the other.

The general deadline to register a newborn is 10 calendar days from the birth, although it can be extended up to 30 days when there is a justified reason.

It is important to bear in mind that simply requesting an appointment at the Civil Registry to register the newborn interrupts the calculation of the established legal deadline. Therefore, if the appointment is granted for a date later than 30 days from the birth, you should not worry: the registration will still be valid, provided that the request was made within the deadline.

If this deadline is not met, the registration can only be done through a special late procedure, which requires judicial authorisation. This process is slower and more cumbersome, so it is essential to comply with the established times.

Since 2015, many public and private hospitals in Spain have been connected to the telematic system of the Civil Registry, which allows the registration of the baby's birth directly from the hospital.

In this way, the parents avoid travelling in the first days after childbirth. To formalise the procedure, the parents, together with the medical team that assisted the birth, must sign the official form to which the supporting medical report is attached. This document is sent electronically to the Civil Registry.

It is essential to bear in mind that the parents have a maximum period of 72 hours to register the newborn through this hospital route; after this time, the registration must be done in person at the corresponding Civil Registry offices.

When the parents are married, the Civil Code, in its article 116, establishes the presumption of paternity: it is presumed that the mother's husband is the father of the newborn.

This simplifies the procedure, as it is enough for one of the parents (usually the father) to go to the Civil Registry or confirm the details at the hospital. The mother is relieved of the obligation to travel in the immediate postpartum period, unless she wishes to do so.

Furthermore, the registration is made directly in the Family Book, which officially records the marital filiation.

In the case of parents who are not married —whether they live together as a civil partnership or are single— the situation is different: there is no presumption of paternity.

Therefore, the law requires that both parents attend the Civil Registry together to acknowledge the child and declare their parentage.

The power of attorney for birth registration is a document authorised by a notary in which one of the parents grants powers to the other to register the newborn in the Civil Registry on their behalf.

It is a flexible instrument that can be granted even before the birth, anticipating possible logistical difficulties after the birth. In this way, the authorised parent will be able to register the child without the need for both to appear in person.

It is also advisable that the power of attorney expressly states the order of the surnames, especially when it is the first child in common. This way, the agreement of both parents on the choice is reflected and the registration in the Civil Registry is facilitated without the need for additional procedures.

• Temporary flexibility: it can be signed weeks before the birth.
• Avoids the mother's travel at a delicate time such as the postpartum period.
• Full legal validity before the Civil Registry.
• Speed in processing: the notary issues the power of attorney on the spot.
• Legal security: the notarial intervention ensures the authenticity of the parents' will.

A mother who is about to give birth can go to the notary and authorise the father to register the child. Once the baby is born, the father will go to the Civil Registry with:

• The medical birth certificate issued by the hospital.
• His identity document.
• The power of attorney previously granted.

With these documents, he will be able to carry out the registration on behalf of both, avoiding the need for the mother to travel.

Birth registration is not a simple bureaucratic procedure: it is the first legal act that guarantees a person's identity and rights. Although there are different ways to carry it out — at the Civil Registry, from the hospital, or by power of attorney — each family situation presents different needs.

In marriages, the presumption of paternity simplifies the process, allowing the father's appearance alone to be sufficient. But in cases of common-law couples or single parents, the obligation for both to attend the Civil Registry can become an inconvenience, especially for the mother who has just given birth.

The power of attorney for birth registration solves this problem in a simple, economical, and fully valid way. It allows one parent alone, authorised by the other, to carry out the entire procedure efficiently and within the deadline, without giving up legal security.

At JLA Notarios, notaries in Barcelona, we provide families with this practical tool, adapted to their circumstances and needs, so that the only thing they have to enjoy in those first days is their child, without legal worries or unnecessary travel.