How to obtain and legalise a birth certificate from Ukraine for Portugal

The issue of having the necessary documents is very important for foreigners who have decided to start a new chapter of their lives in Portugal.

After all, a significant part of the important events in their lives were documented in another country, and access to these documents is limited. At the same time, the responsible authorities in Portugal do not have direct access to such documents, and obtaining them often requires additional effort.

Perhaps in the future, there will be joint or combined document databases. But as of today, you can only rely on your own foresight or qualified assistance if you suddenly need a particular document from your home country.

We remind you that if you need to obtain documents without being physically present in Ukraine, our team of solicitors and lawyers can quickly obtain a copy (duplicate) of your birth certificate in Ukraine and ensure that it is apostilled in accordance with the requirements for use in Portugal.

 

Birth certificate: when and why it is required in Portugal

A birth certificate is one of the documents most often requested from foreigners.

 

In what cases may it be needed?

• Here is a basic, but not exhaustive, list of cases when you may be asked for a birth certificate, even if you are already of legal age:
• Registration of marriage or união de facto in Portugal;
• Submission of an application for citizenship;
• Correction or confirmation of personal data;
• Confirmation of family ties for family reunification or inheritance matters.

 

If you have minor children, their birth certificates will definitely be needed in the following cases:

• Obtaining a residence permit for a child or family reunification (to prove family ties);
• Obtaining social benefits (education, medical services);
• Obtaining tax benefits due to the presence of dependents;
• Confirmation of paternity, etc.

 

 What to do if the certificate was left in Ukraine, was lost or is not accepted due to expiry?

There are three main ways to obtain a new document:

1. Through the consulate;
2. Through the DRACS (State Register of Civil Status Acts), with the help of a representative in Ukraine;
3. Through the "Dія" service.

When choosing a method of obtaining a document, we recommend that you consider not only convenience, but also the stated requirements for the document.

 

What should you consider when submitting a request for a document?

 

First, you need to determine what document is required of you and what the requirements are for its execution.

In general, there are three forms of presenting information:

• Original birth certificate;
• Duplicate birth certificate;
• Extract from the DRACS.

 

In some cases, a certified translation of the document may be sufficient, but in the vast majority of cases, an apostilled birth certificate will be required.

 

What to remember:

The embassy can issue you with a duplicate birth certificate or an extract from the Civil Registry Office, but will not apostille the document. If the document needs to be apostilled, this must be done in Ukraine.

Apostilles can only be affixed to documents if this is done through a representative in Ukraine (a person acting on the basis of a power of attorney or an experienced law firm).

 

Is it possible to obtain a duplicate of a very old certificate or a certificate issued in the TOT (temporarily occupied territories)?

Yes, it is possible, but additional circumstances must be taken into account:

If less than 75 years have passed since the date of issue of the certificate, a duplicate certificate can be obtained.

If the document was drawn up more than 75 years ago, a duplicate will not be issued. In this case, it is possible to obtain an archival reference with the necessary information.

If the certificate was issued in a temporarily occupied territory, it is also possible to obtain a duplicate. Ukraine has a State Register of Civil Status Acts of Citizens, which contains data for the entire territory of Ukraine, including temporarily occupied regions. It is important to note that the register only contains information for the period prior to the occupation of the relevant territory.

 

How to obtain a certificate from Ukraine remotely: 2 working options

Option 1: Through the DRACS, with the help of a representative in Ukraine. This can be any person who has the authority to do so in accordance with the power of attorney received, or a lawyer on the basis of a contract concluded with the client (in this case, a power of attorney is not required).

 

Option 2: Through the "Dія" service, thanks to the recently introduced possibility to order a duplicate birth certificate remotely. The disadvantage of this method is that delivery is currently only available within Ukraine, so additional efforts will be required to arrange for the document to be apostilled and sent abroad.

 

! When ordering a document from Ukraine for use abroad, it must be apostilled.

In Ukraine, apostilles are usually issued by the relevant ministry, which may be the Ministry of Justice or the Ministry of Internal Affairs. Apostilles for birth certificates are issued by the Ministry of Justice.

 

What documents will be required?

• A copy of the birth certificate (if available);
• Ukrainian passport;
• Identification code.

 

What should you pay attention to?

The apostille is usually affixed to the original document. You will not receive an apostille on a photocopy or a certificate in PDF format downloaded from the Diya service.

If you want to obtain a certificate using the Diya service, you will need to do so through the relevant website, as the mobile application has limited functionality.

To use the document abroad, an apostille alone is not enough; it must also be fully translated (together with the apostille).

If you are translating in Ukraine, the translation must also be apostilled.

If you are translating in the country where the document is to be submitted, a notarised translation is sufficient.

For submitting a document in Portugal, we recommend the second option, as there are cases where state authorities, in particular AIMA, refuse to accept translations done abroad.

In most cases, a recent apostille of the document will be required. For example, if a copy of the certificate is submitted to AIMA, the document must not be older than 3 months. Sometimes this may be overlooked, but it can also become a formal reason for refusal, so we advise you to follow this rule. 

 

In general, it is not that difficult to obtain the necessary document in Ukraine if you have a representative whom you can trust to do so.

However, you need to take care of this in a timely manner and draw up the appropriate power of attorney.

 

If you are already abroad and did not plan for this in advance, don't worry — you have at least two options:

Option 1:  Draw up an apostilled power of attorney in Portugal and send it to Ukraine;

Option 2: Use the services of a Ukrainian lawyer who will do this for you.

 

We recommend considering both options, as in most cases, the services of a solicitor will be cheaper and faster than preparing, apostilling and translating a power of attorney abroad and sending it to Ukraine.

However, the power of attorney option may be more convenient if you want to translate several powers of attorney at once.

Our solicitors and lawyers in Portugal provide a full range of legal services, as well as accounting services for businesses in accordance with Portuguese law.

 

Whichever option you choose, contact First Legal Portugal.

We will help you with your documents in both Portugal and Ukraine.

 

Our team will help you:

• Obtain documents in Ukraine without a power of attorney;
• Apostille them;
• Arrange for translation and delivery to Portugal;
• Find a solution in case of missing documents;
• If necessary, draw up a power of attorney in Portugal and apostille it.

 

With pleasure, quickly and professionally!