María’s civil identity: a historic breaktrhough in the enforced diseappearance of minors in Spain
On 8 July, María Bueno, president of the Alumbra Association and the International Platform Te Estamos Buscando (We Are Looking for You), received an official certificate from the Civil Registry recognising the civil existence of her daughter María, born on Christmas Day 1981 in a village in the province of Cádiz. Her case is one of 300,000 cases registered by associations of ‘stolen babies’ in Spain.
At the time of the abduction of María Bueno’s daughter, she was declared ‘dead at birth.’ At that time, the Civil Code considered these babies to be ‘aborted creatures,’ denying them the possibility of being registered as persons with their own identity. They were not given names or civil rights, remaining completely outside the legal system.
As María Bueno recalls, ‘María came into the world after nine months of pregnancy, but under a legal system that, at that time, considered babies supposedly dead at birth to be “aborted creatures” or “human remains”. They were not recognised as persons. They had no right to a name or to appear in any register. They were not officially mourned because they did not officially exist.’
Thanks to the tireless efforts of her mother, who for decades has reported her daughter’s disappearance without any physical trace, without being buried in any cemetery, or hospital documentation, the State now recognises her right to legally exist.
María’s struggle is shared by many other mothers who, like her, saw their sons and daughters declared dead at birth when, in reality, they were being illegally given up for adoption to families who paid to receive these children.
All of this was part of Franco’s system of violence against women. If the regime considered that a pregnant woman was too young to be a mother, did not have sufficient financial resources or was simply not considered a ‘woman of good standing’, an illegal adoption operation was set up. This facilitated access to newborns for socially and economically well-off families.
However, this did not only take place during the Franco dictatorship between 1939 and 1975. With cases such as that of María and her daughter, it is known that this despicable and shameful plot continued well into democracy, at least until 1981.
The struggle to uncover the truth, access justice and receive dignified reparation for the suffering that these families have endured and continue to endure cannot depend solely on them and the associations they belong to. Institutions – such as the Civil Registry in this case – whether local, regional or national, must ensure that the survivors of this human rights violation, such as enforced disappearances, receive the recognition, truth and justice they deserve.
The Civil Registry has been able to certify that María has a civil identity thanks to Ministerial Order JUS/876/2023 of the Ministry of Justice published in 2023. This amended form number 9 of the “Declaration and birth certificate for aborted foetuses”, which had to be completed when a stillborn baby was delivered, in accordance with the Order of the Ministry of Justice of 26 May 1988, and proposed form number 9bis for the “Declaration of stillbirths after six months of gestation”.
Thus, María was able to go to the Civil Registry, proving through numerous bureaucratic procedures that her daughter is not an ‘aborted foetus’ but ‘born dead after six months of gestation’, even though she has never been buried in any cemetery and there is no hospital record of her birth. This milestone should set a precedent and open the door for other mothers and families who, like María, have seen their newborns taken from their hands.
It is vital to understand that having an identity makes us exist, makes us visible to others. Having an identity completes us as people, allows us to know who we are and where we want to go. Therefore, granting identity to these minors is essential to allow their families to know that, despite not knowing their whereabouts, they are people with names and surnames.
