Amendments to the national code of civil and family procedures

June 27, 2024

On June 4, 2024, the “Decree by which Articles 314 and 1144 of the National Code of Civil and Family Procedures are added” (the “Decree”) was published in the Federal Official Gazette (“DOF” for its acronym in Spanish”).

Relevant aspects of the decree

The Decree adds a third paragraph to Article 314 and a third paragraph to Article 1144 of the National Code of Civil and Family Procedures (the “Code”), establishing the guidelines for authenticating birth documents issued by foreign authorities, as well the validity of such before Mexican civil registries.

The additions to the aforementioned articles establish that for documents that prove the nationality and identity of Mexicans born abroad or returning Mexican migrants, consular legalization or an apostille will not be required.

Therefore, it will be sufficient to present the foreign birth certificate and the birth certificate of the Mexican father or mother to register the birth in the Civil Registries of the country.

For this, the Ministry of the Interior, through the General Directorate of the National Registry of Population and Identity, will issue the guidelines to authenticate foreign birth certificates and make them known to all civil registry authorities in the country.

Entry into force

Regarding the present Decree, it shall enter into force the next day of its publication in the DOF, it being June 5, 2024. However, it is important to mention that, as stated in the “Decree issuing the National Code of Civil and Family Procedures“, published in the DOF on June 7, 2023, the application of the Code will enter into force gradually upon declaration by the local congresses of each of the federal entities, and such entry into force shall not exceed April 1, 2027.

In light of the above, in Bravo Abogados we would be happy to answer any question you may have regarding this legal alert.

Jair Bravo Gutiérrez

Socio Administrador / Managing Partner

jbravo@j-bravo.com

Gustavo Rosiles Lozano

Asociado / Associate

grosiles@j-bravo.com

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