63 law establishes that in the case of late declaration of birth, the civil status registrar may register it or not in the corresponding register, after investigating the truth of the declaration. The truth is verified by the presentation of a series of documents that are considered requirements for late declaration of birth, to be established by the Central Electoral Board, as can be inferred from article 9 of Act No. 659.102 161. In the Dominican Republic the lists of requirements have been drawn up based on the age of the child to be registered, but distinctions have also been made involving the number and type of requirements for the same age group, according to the competent authority who applies them, without any objective criteria being followed. Art. 39. Birth declarations shall be made before the Civil Status Registrar of the place where the birth takes place within the following thirty (30) days. If there is no registrar in the place of birth, the declaration shall be made within sixty (60) days before the Civil Status Registrar corresponding to that jurisdiction. If the Civil Status Registrar has any doubt about the existence of the child whose birth is declared, he shall require the child to be brought before him immediately should the birth have taken place in the same village, and if it took place in another place, the certification of the (Mayor), today Justice of the Peace of the district, shall suffice. Art. 40. (Modified by Act 90 of December 23, 1965, G.O. No. 8963.) In the case of late declarations of birth, the civil status registrar may, following an investigation into the truth of this declaration, register the birth or not in the corresponding register under [article] 38 of this law, but he shall not issue a copy to the party concerned until the registration has been ratified by the competent court, pursuant to [article] 41 hereof. Nevertheless, late declarations of birth shall not be admitted until the person concerned submits a certification issued [by] the civil status registrar of the jurisdiction where the person in question is alleged to have been born, stating that this person has not been declared previously in that jurisdiction; this requirement shall be noted in the margin of the corresponding record. Only when this formality has been completed can the registrar receive the respective testimonial information or identity certification. If the birth occurred after January 1, 1945, and if there is more than one civil status registrar in the municipality where the person declared is alleged to have been born, the certification can be issued by the Director of the Central Civil Status Office, following an inspection of the registers for which he is responsible, and the late declaration shall be received by the civil status registrar of the corresponding jurisdiction. This certification shall not be necessary when the declaration is made before the civil status registrar corresponding to the place of birth of the person to be declared when there is only one registrar, after the records have been inspected by this official, who records this in the respective registration record and who shall be responsible should this formality be omitted. The documents proving that the beneficiary has not been declared in the place of birth, together with a certified copy of the ratification judgment, must be carefully recorded and filed by the acting official. Officials responsible for receiving testimonial identity certifications to substitute for civil status records must also require presentation of the certification of the corresponding civil status registrar indicating that the person concerned is not registered in the registers for which he is responsible. Art. 41 – (Modified by Act 90 of December 23, 1965, G.O. No. 8963.) The civil status registrar who has received a late declaration of birth shall immediately transmit a certified copy of the record to the public prosecutor of the corresponding judicial district, who, following the appropriate investigation shall forward it to the court of first instance; the latter can request any type of probative measure; this includes consulting books, the papers of the parents (even if they are deceased), hearing witnesses and summoning the parties concerned, so that it can issue a ruling ratifying or not the record of late declaration. The public prosecutor shall forward a copy of the respective judgment to the civil status registrar, and the latter must note this in the margin of the corresponding birth declaration, with any valid objections, and can then issue a copy of this record (file of attachments to the brief with requests and arguments, attachment 1, folios 11 to 12). 102 Article 9 of Act No. 659 on Civil Status Acts of July 17, 1944, establishes the following:”the Civil Status Registrars shall follow the instructions they receive from the Central Electoral Board and from the Central Civil Status Office and shall be under the immediate and direct supervision of the Public Prosecutors.”

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