Correction of Birth Certificate in Guatemala

The laws in Guatemala regulate and classify the Rectification of a Record as a Voluntary Jurisdiction procedure, which is executed and overseen by a Notary at the request of an interested party.

DEFINITION

It is a procedure by which omissions or errors contained in birth, marriage, or death certificates of a person, which were made at the time of registration with the National Registry of Persons (RENAP), are rectified.

The data that can be rectified include name, sex, dates, marital status, among others, which must be indicated precisely.

Omissions or errors in these certificates can cause inconveniences or impediments in any personal transaction or business, such as marriage, inheritances, or pensions.

AMENDMENTS THAT APPLY:

• INCORRECTLY PROVIDED DATA: This happens when, at the time of registration, erroneous data is entered into the record. For example, surnames are recorded in reverse order, nonexistent dates are entered, or data is written or recorded with spelling errors.
• AMENDMENT proceeds when alterations or modifications of the data entered by the registrar occur. For example: overwriting, crossed-outs, interlining, use of correction fluid, erasure, etc.
• OMISSIONproceeds when some of the data required by the minutes format are omitted or not recorded.

Who can apply for it

• The interested parties who have any of the cases expressed in the previous paragraph may request the starting rectifications.
• In the case of minors, it must be requested by the parents or guardians, who are the ones exercising parental authority.
• In the case of marriage record rectification, it may be requested by one of the spouses.
• If it is a death certificate rectification, it must be requested by relatives in the fourth degree of consanguinity or the second degree of affinity.

PROCEDURE

1. Deed of Request, drawn up by the notary at the request of the interested party, and a certified copy of the record to be rectified is attached to the file.
2. The notary informs the interested party that the voluntary proceedings for the rectification of an error in the birth record have been initiated.
3. The Civil Registry of the National Registry of Persons (RENAP) is requested to provide its opinion regarding the initiated procedure.
4. The notary forwards the file to the Attorney General's Office so that it may issue its opinion, indicating whether or not the request is admissible.
5. The Attorney General's Office issues a ruling granting the request for rectification of the record, or in the alternative, issues a preliminary finding that must be corrected.
6. Once the opinion has been issued by the Attorney General's Office, the notary notifies the interested party.
7. Subsequently, the notary resolves and rules in favor of the present proceedings.
8. Finally, two certifications of the Notarial Resolution are submitted to the National Registry of Persons (RENAP) for registration and issuance of the new record.