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IT AMENDS LAW NO. 4,808, ON CIVIL REGISTRATION, AND CREATES A NATIONAL CADASTRE OF STILLBIRTHS, FACILITATING THEIR INDIVIDUALIZATION AND BURIAL.

Original Language Title: MODIFICA LA LEY N° 4.808, SOBRE REGISTRO CIVIL, Y CREA UN CATASTRO NACIONAL DE MORTINATOS, FACILITANDO SU INDIVIDUALIZACIÓN Y SEPULTACIÓN

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LAW NO. 21,171 AMENDS LAW NO. 4,808, ON CIVIL REGISTRATION, AND CREATES A NATIONAL CADASTRE OF STILLBIRTHS, FACILITATING THEIR INDIVIDUALIZATION AND BURIAL. " Article 1.-Recognize the pregnant person, or who is expressly authorized, the faculty to register their stillbirths in the special register created by this law with the names and surnames that the applicant points out, with the sole purpose to allow their individualization, inhumation or the disposition of their remains. In the event that the pregnant person is prevented from expressing his or her will, the right to his or her spouse, civil survivor, or any of his or her relatives in the first grade is recognized. This registration shall not imply the recognition of legal status or any right to stillbirth and does not produce any other kind of legal effect in any field. Article 2. The individualization of the stillbirths in the cadastre may be performed at any time in accordance with the provisions of this law. As for the inhumation or disposition of the remains of the stillbirths, the provisions of the health rules in force on the matter will be in place. Article 3.-For the purposes of this law: 1. Mortinate: Any product of the conception, identifiable or differentiable of the ovular membranes or of the placental or maternal tissue in general, which ceases its vital functions before the Or before being completely separated from the gestating person, dying and having not survived the separation an instant even. 2. Catastro de mortinatos: Special and voluntary list to be carried out by the Civil Registry and Identification Service, in which the stillbirths may be registered. Article 4.-Incorporation, following Article 50 of Law No. 4,808, on Civil Registry, whose consolidated, coordinated and systematized text was established by Article 3 of the decree with force of law No. 1, 2000, of the Ministry of Justice, the Title V, new, passing the current V to be Title VI: " Title V CADASTRE DE MORTINATOS Article 50a.-Create a national, special and voluntary register, in which you will register the stillbirths. The registration referred to in the preceding paragraph shall contain the individualisation of the stillbirth by the assignment of a name of its own, followed by the surnames which the applicant points out, and the sex of the creature, if this is determined or determinable. The land register may also contain the individualisation of the pregnant person, and of the parent, if authorised. For the registration of this article it will be necessary to have the medical certificate of death and fetal mortality statistics. In such cases, the grant of the licence or the burial pass shall be subject to the formalities prescribed by Articles 46 and 47, in so far as they are applicable. '; Article 5. This law shall not be interpreted in such a way as to impede in any way the access of women and girls to the services of voluntary termination of pregnancy in cases where they are legal. Article 6.-The information contained in the register created by this law shall be reserved for third parties and shall be considered as sensitive data, in accordance with the provisions of Law No 19,628 on the Protection of Life Private. Transitional provisions Article 1.-Any person who has a medical certificate of death and a fetal mortality statistic issued prior to the entry into force of this law may apply for it, or through the the person who expressly authorizes, the registration in the cadastre of the respective stillbirths, according to the provisions of this law. In case of not having the certificate mentioned in the previous paragraph, you may request the registration in the cadastre, crediting the existence of the stillbirth prior to the entry into force of this law by any other document extended by a health professional, or a simple statement before the Civil Registry and Identification Service. Article 2. Within the period of six months after the entry into force of this law, the President of the Republic, through the Ministry of Justice and Human Rights, shall make the necessary regulatory adjustments. for its execution. ' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 13 August 2019.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Hernan Larraín Fernández, Minister of Justice and Human Rights.-Jaime Manalich Muxi, Minister of Health. What I transcribe to you for your knowledge.-Salutes intently to Ud., Juan José Ossa Santa Cruz, Assistant Secretary of Justice.