MAPPING OF THE POPULATION AT RISK OF STATELESSNESS IN ALBANIA
of the train, the captain of the ship or the aircraft on the trip, the director of the prison or military unit, the
body of public order, or official diplomatic representations abroad, the lack of medical staff”. The legislation recognizes the records held on a ship or airplane to prove the fact of birth. If the record accurately
confirms the birth, it is immediately registered in the civil register office of Albania, if the aircraft or the
ship carries the flag of the Albanian State. Naturally, all the other conditions, as aforementioned in the
cases of children born within Albanian territory, must also be fulfilled for this to result in the acquisition
of nationality.
The basic document that proves that a birth has taken place is the birth notification (in Albanian:
çertifikatë asistencë në lindje) that is provided to every mother in the hospital in which she gave birth.
This document must be sent to the Civil Status Office (the office where the mother of the child is registered or the closest office to mother’s residence), which registers new-borns and maintains the act
of birth for the child. A birth can also be proven through a medical report or a written report (at the time
of birth), where the mother gives birth outside the hospital, e.g. at home, on a train, ship or plane, or in
prison. The written report has to be made by the supervisor of the vehicle or of the institution. In other
cases, when the mother cannot prove birth through a written document, or when the latter is not in the
required format, she must go to court to verify the fact of birth.
The birth of a child is declared at the Civil Status Office by the parents, other adults from the family, the
custodians, the legal representatives, and in their absence by other persons that can prove the right. A
child born in Albania to foreign parents, who are not lawful residents in the Republic of Albania, does not
acquire Albanian citizenship, but can, in theory, be registered. In such cases, the child is registered with
his/her parents’ citizenship. The law does not provide any time limits for registration, but it encourages
early registrations. However, in practice, UNHCR reported that registration of children whose parents
did not have residence permit yet has been refused to asylum seekers.
Mothers who register their new-borns within 60 days from the birth (births inside the territory of the Republic of Albania) or within 90 days (births from Albanian citizens outside Albania) receive a monetary
reward (of 5000 ALL or approx. 40 Euros).44
Children who are abandoned or given up for adoption are registered in the Civil Status Office located in
same area as the hospital where the child was born. Where available, the child is registered according
to the data provided by the mother (in her identification document). The child is registered as a foundling
if the mother is not known or cannot verify her identity (lacks the identification documents). After that,
the child undergoes the procedures for adoption or for custody appointment. The declaration of birth
for foundlings is carried out by the institutions of local government, or the institution responsible for the
public order (police) having jurisdiction in the place the child is found.
44 Article 41 of Law no. 10129, date 11.5.2009 “On Civil Status” amended.
UNHCR - TLAS / May 2018
43
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