Additional evidence requirements for late birth registration Certain countries have additional requirements for late birth registration. In Germany and Latvia, access to late birth registration is dependent on the documentation or residence status of the parents. In Germany, stateless people must have habitual residence and present a travel document.52 A refugee passport is accepted, but if this has been issued on the basis of the holder’s statement, its evidentiary value will be limited, and the registrar may only issue an extract from the birth registry rather than a birth certificate. In Latvia, parents must have identification documents to be able to register their child’s birth late. In Austria, late birth registration is possible for nationals abroad, refugees, stateless people, or those with undetermined nationality who have habitual residence in Austria (habitual residence can often be proven after a six month stay). Whilst there are no reported barriers to meeting the habitual residence requirement in practice, the lack of identification of statelessness by civil registry officials continues to create barriers to late birth registration in Austria. This is due to there being no legal definition of ‘statelessness’ or ‘undetermined nationality’ in domestic law and the Ministry of the Interior’s non-binding guidance for civil registry officials applies a narrow definition of statelessness. This can often lead to mis-categorisation and varying practice. Court or administrative procedure required for late birth registration In some countries, civil registries do not have authority to register a birth beyond the statutory deadline. Late birth registration may require approval by a higher administrative body, be subject to a different administrative procedure or to court proceedings. These procedures tend to be lengthy and require additional evidence, creating further obstacles for birth registration and potentially deterring parents from initiating the procedure to register a child. In Serbia, administrative and court procedures for late birth registration are free, but the length of these procedures is reported as a frequent problem, prohibiting access to prompt birth registration after the deadline for registration has passed. In the Netherlands, late birth registrations are usually seen by a judge before the birth is confirmed which causes delays and costs extra money. North Macedonia does not stipulate in law what facts and proof are required to evidence and determine the fact of a birth in a late registration procedure, meaning that officials have discretion to request different documents as evidence, which can prove cumbersome. Although late birth registration is possible in North Macedonia, it involves a complex administrative procedure and puts additional requirements on parents that are not easily met.

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