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Brazilian citizenship question

BraGringa

Hi all, don't know if anyone else might have encountered this situation. My child was born in the United States; he has one U.S. parent and one Brazilian parent. His birth certificate was transcribed in a cartorio in Brazil, and they added the notation that he had to opt for Brazilian citizenship after turning 18, which he now has.


It is turning out to be very complicated. The Consulate here in Washington, DC just advised us that we need to go in person in Brazil before a judge of the "vara civil," and it seems we might need a lawyer. Has anyone gone through this process, or do you have a good civil attorney to recommend, preferably in the Campinas or Sao Paulo area?

Many thanks!

Elizabeth

See also

Marriage in BrazilTravel to BrazilRetirement in BrazilExpat death in BrazilRe-enter Brazil without RNM card (but still registered with FP)
bepmoht

Some more details may help. 1) Where do you currently reside? 2) What is your goal? 3) What is the goal for your child and yourself? 4) What is your status (citizenship/resident status etc)? These details will give you a better answer on the forum.

abthree

04/30/25  @BraGringa.  Hi, Elizabeth.  Congratulations to you and your son.  I'm not surprised that the Brazilian Consulate took that position:  everything I've ever read in Brazilian law having to do with residence and citizenship -- and I've read most of it -- starts with the assumption that the applicant is already in Brazil.  However, that doesn't necessarily mean that it will be complicated.  Your son has right by birth to Brazilian citizenship, and so the court's involvement will probably only be ministerial:  to confirm that his right does exist, and that he's exercising it of his own free will.


I would suggest that he (if he speaks Portuguese well) or his Brazilian parent contact the cartório where his birth certificate was transcribed, and them ask what the process is for him to make his declaration to claim his citizenship.  They should be able to tell you exactly what the steps are and what documents will be required.  Cartórios in Brazil are under the jurisdiction of the Judicial Power, so it may even be possible for him to do it there.  You should also ask whether there's a time limit for him to make his declaration; there may be some flexibility there.  Best of luck, and please let us know how it goes.

roddiesho

@BraGringa Sorry to hear that. It sounds like the situation started when you went to the Catoria and

His birth certificate was transcribed in a cartorio in Brazil, and they added the notation that he had to opt for Brazilian citizenship after turning 18


In truth my daughter is Brazilian American with a Brazilian Mother and me the Americano. She is an American citizen as well as a Brazilian citizen. She carries a passport for both countries.  We actually worked with the Brazilian Consulate in Washington, D.C. (we had a family friend who used to work there) when I was working on my Brazilian Permanent Residency.


The friend was instrumental but so was @abthree. It sounds like you need competent representation to undo the turning 18 choose a country clause.  Take @abthree,s advice and good luck. Just remember your son should not be bound by this. It just needs to be undone.


Roddie in Retirement🕵

BraGringa

Thanks all!