From January 2021 to January 2022 alone, around 168,000 children were registered in the country without their father’s name. Seeking to address this vacuum in birth certificates, a national campaign developed by the National College of Defenders and Public Defenders (Condege) presents itself as an alternative to solve simple and complex cases.
“This scenario has multiple explanations. There are parents who do not know they have children, who have not voluntarily recognized them, who have sometimes not been present at birth. There are also parents who died before and people did not have the understanding and understanding that they can make it known”, explains Domilson Rabelo da Silva Júnior. Public defender-general for the state of Goiás and vice-president of the National Council of Defenders and Public Defenders (Condege), he is also the national coordinator of the campaign. My Father Has a Name.
Those interested in changing their birth certificate must apply. The procedure is carried out with the Public Defender’s Offices of each state, usually through the internet or by phone. It is necessary to pay attention to the deadlines that are not unified in the country. For example, in Rio de Janeiro, registration is open until Monday (7th) and, in Santa Catarina, until Wednesday (9th).
After a screening, interested parties can be summoned to the task force, which in most states will be on March 12th. In recent days, different bodies have announced that the targets are being exceeded. In Ceará, for example, there are already almost 500 appointments.
According to the Civil Registry Transparency Portal maintained by the National Association of Registrars of Natural Persons (Arpen), between the beginning of 2016 and the end of 2021, 874,000 children were registered in Brazil without their father’s name. The Southeast and Northeast regions concentrate the highest volume of occurrences: together they account for 65% of the total. But it is in the North where there are proportionately more cases: the father is absent on 8% of birth certificates.
One of the cases that will finally be solved with the support of the Public Defender’s Office of Ceará involves little Sara, who will be ten years old in less than two weeks. The girl will receive as a gift the insertion of her father’s name on her birth certificate. The situation, which seems simple, will have a definitive direction after a decade. The child’s mother Tharla Barros Pereira gave birth when her partner was traveling for work. She ended up registering her daughter alone. As the father is a foreigner, still in the process of regularizing his situation in the country, it was not possible to include her name later. His documents were not accepted at the registry office.
Tharlae says that when he saw an ad for the campaign, he didn’t think twice about signing up. The same day, she received a call from the Public Defender’s Office to schedule the modification. “It was a great opportunity for me and for him. He really wanted to put his name on her certificate,” she says. According to her mother, her daughter has always lived with her father and, given her age, she is indifferent to this issue of registration. But the situation has already created constraints. “I once took a bus with her to travel. They looked at the document a little suspiciously. I don’t know what was going through their heads. I was a little embarrassed.”
In Piauí, the Public Defender’s Office decided to bring forward the campaign in prison units. Two paternity recognitions were made: one at the Irmão Guido Penitentiary, located in the capital Teresina, and the other at the José de Arimatéia Barbosa Leite Penitentiary, in the municipality of Campo Maior. In both cases, the request to change the children’s documents was requested by the detainees and their companions.
There are several ways to recognize affiliation. The request for laboratory tests is a possibility and may occur, for example, when there are doubts about paternity. If the recognition is voluntary and spontaneous, there is no need for tests: the joint presence of the father and mother at the registry office where the child was registered at birth is sufficient. In this case, the name is added at the same time and the family leaves with the document in hand.
“A third scenario is socio-affective recognition. Today, there is this possibility to include socio-affective ancestry on birth certificates. Both for the father and for the mother”, observes Domilson. He explains that the My Father Has a Name campaign seeks to make the population aware that paternity is linked to the dignity of the human person. The initiative, according to the defender, was prepared to deal with all possibilities: it involves legal assistance, education in rights, free DNA tests, among other services.
“Regardless of each scenario, once the recognition is carried out, various and mandatory consequences arise regarding maintenance, inheritance law, custody, visit. And all this can be conducted by the Public Defender’s Office in an extra-judicial dynamic, without the need to trigger the judiciary. We work from the perspective of a friendly composition. But when there is resistance, the judiciary can be activated”, adds Domilson.
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