El Salvador’s Legislative Assembly has approved a new Law on the Family Status Registry that updates the country’s system for registering births, deaths, marriage, and other events affecting personal status. The law will replace the “Transitory Law on the Family Status Registry and Marital Property Regimes,” which has been in effect since 1995, and the “Law on the Replacement of Books and Records of the Civil Registry,” which has been in effect since 1981. (Arts. 126 & 127.)
The new law will regulate the organization, structure, and operation of the family status registry system. (Art. 1.) It establishes that the National Registry of Natural Persons (RNPN) will administer all family registry data through the online family registry system, which will streamline processes and allow for electronic registration and recordkeeping. (Art. 6.) Each municipality will have a single dedicated family status registry, with one officially appointed registrar who will be responsible for its administration and organization. (Art. 9.) Each family status registrar must be an attorney authorized to practice law. (Art. 10.) The law sets forth the duties, powers, and prohibitions of the family registrar. (Arts. 11-13.)
The law provides rules and procedures for civil status registrations such as marriage, divorce, births, and death registrations in El Salvador and abroad. (Arts. 48-109.)
According to the RNPN, the benefits of the new legislation will include enhanced efficiency in the regulation and certification of records; improved security and control in information management, protection, and preservation; a robust and reliable system for ensuring record accuracy; and speedy and accessible processes for citizens to obtain their documents.
The legislation passed in the Assembly by 56 votes in favor and only two abstentions. However, Marcela Villatoro, a member of the opposition ARENA party, raised concerns, noting that while the law mandates municipalities to establish and operate registry offices, it requires that the revenue they generate through fines be directed to a general fund at the national level rather than to the municipalities themselves. According to Villatoro, this interferes with municipal affairs.
The law will come into effect within 90 days of its publication on September 24, 2024. (Art. 128.)
Stephania Alvarez, Law Library of Congress
December 31, 2024
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