BIRTH CERTIFICATE. THE RECTIFICATION OF THE SET DATE IS PROCESSED TO ADAPT IT TO THE SOCIAL REALITY (LEGISLATION OF THE STATE OF SINALOA).

Facts: The contending Collegiate Courts held different criteria regarding the exhaustive or conforming interpretation of section III of Article 1193 of the Family Code of the State of Sinaloa, which provides for the possibility of modifying the date of birth contained in the birth certificate, provided that the one intended is prior to the registration date. One considered that in the application of the pro persona principle, and in accordance with the right to identity, it was appropriate to change the date of birth of the certificate, despite the fact that it was later than the registration date. On the other hand, the other two jurisdictional bodies concluded that this normative portion only allows modifying the date of the birth certificate when the date to be established is prior to the registration of the existing certificate.

Legal criterion: Section II of article 1193 of the Family Code of the State of Sinaloa must be interpreted in relation to the provisions of section III of the same precept, in order to be consistent with the fundamental right to personal identity and the pro-person principle. In this sense, it is feasible to admit that the variation of the date of birth also proceeds when it is later than the one established in the registry, provided that it is reliably proven, by any means of evidence, that there is disagreement with social reality, since the person always It has been conducted in this way; that is, for a prudent and significant period of time, continuously, uninterrupted and permanent, to such an extent that it managed to anchor its identity with that date of birth and that its social environment thus identifies it.

Justification: Article 40, eighth paragraph, of the Political Constitution of the United Mexican States recognizes the right to identity of individuals and establishes the obligation of the authorities to guarantee it. In this sense, if before society a person has constantly identified himself in his private and public acts with a date of birth, then this is part of his biography, of his "personal truth", since identity is built throughout life of the human being, understanding elements and aspects that go beyond "biological truth". These elements must be reflected in the birth certificate, as it is a document through which a person is identified and individualized within society. Thus, it must be taken into account that the Civil Registry Office's ultimate purpose is to provide certainty and legal security of human reality and not constitute an obstacle to the full exercise of this right, so that the formalities and legal requirements do not they must go so far as to make it nugatory. In this way, section III of article 1193 of the Family Code of the State of Sinaloa must be interpreted in accordance with the right to identity provided for in article 40 of the Constitution, in a broad and non-exhaustive sense. That is, the legal possibility of modifying the birth date, contained in the birth certificate, must be admitted, even if it is later than the registration date, as occurs with section II of the same precept that recognizes the possibility of modifying the name of the person according to their social reality. The foregoing, as long as the existence of any indication of bad faith is not observed to want to use that change to create, modify or extinguish rights or obligations to the detriment of third parties.

FIRST ROOM

Contradiction of thesis 337/2018: Among those supported by the Collegiate Court in Civil Matters of the Twelfth Circuit, the First Collegiate Circuit Court of the Auxiliary Center of the Fourth Region, with residence in Xalapa, Veracruz and the Second Collegiate Circuit Court of the Auxiliary Center of the Fifth Region, with residence in Culiacán, Sinaloa. January 20, 2021. Five votes from the Ministers Norma Lucia Piña Hernández, who reserved her right to cast a concurring vote, and Ana Margarita Rios Farjat, and the Ministers Juan Luis González Alcántara Carrancá, Jorge Mario Pardo Rebolledo and Alfredo Gutiérrez Ortiz Mena, who reserved his right to formulate a concurring vote. Speaker: Ana Margarita Ríos Farjat. Secretary: José Manuel Del Rio Serrano.

Thesis and / or competing criteria:

The one issued by the Collegiate Court in Civil Matters of the Twelfth Circuit, when resolving direct amparos 11/2017 and 983/2017, in which it considered that article 1193, section III, of the Family Code of the State of Sinaloa should not be interpreted in a restricted way, in the sense that the modification of the birth certificate, regarding the date of birth, was only appropriate as long as the one to be established is prior to the registration, as well as that this had to be necessarily demonstrated with elements of evidence contemporaneous to said event, which would allow to distort the date on which the Civil Registry official gave faith, and

The one supported by the First Collegiate Circuit Court of the Auxiliary Center of the Fourth Region, with residence in Xalapa Veracruz, when resolving direct amparo 84/2018 (auxiliary notebook 545/2018), issued in support of the Collegiate Court in Civil Matters of the Tenth Second Circuit and by the Second Collegiate Circuit Court of the Auxiliary Center of the Fifth Region, with residence in Culiacán, Sinaloa, upon resolving direct amparo 373/2015 (auxiliary notebook 832/2015), also issued in support of the Collegiate Court on Matters Civil of the Twelfth Circuit, in which article 1193, section III, of the Family Code of the State of Sinaloa was interpreted, in the sense that the only possibility of amendment is given when the date of birth is prior to that of the registration, This regardless of the fact that the petitioner has constantly used a different date of birth.

Note: From the sentence that fell under direct protection 11/2017 resolved by the Collegiate Court in Civil Matters of the Twelfth Circuit, derived the isolated thesis XII.C.16 C (10a.), From title and subtitle: "BIRTH CERTIFICATE . IT IS MODIFIED, PURSUANT TO A PRO-PERSON INTERPRETATION OF SECTION II OF ARTICLE 1193 OF THE FAMILY CODE OF THE STATE OF SINALOA, REGARDING THE DATA SETTING IN IT, WHEN IT IS ATTEMPTED TO ADAPT ITS CONTENT TO SOCIAL REALITY ", published in the Federal Judicial Weekly Gazette, Tenth Epoch, Book 47, Volume IV, October 2017, page 2398, with digital registration number: 2015333.

Jurisprudence thesis 29/2021 (10a.). Approved by the First Chamber of this High Court, in a private session of seventeen

November two thousand twenty-one.