4.
IMMEDIATE, FREE BIRTH REGISTRATION
According to international norms and good practice, national law and practice should provide
that all children are registered immediately after birth regardless of the residence status or
documentation of the child or their parents.19 The requirement under Article 7 of the Convention
on the Rights of the Child to register the child ‘immediately after birth’ implies the need to
register the birth as soon as possible and act with urgency, in a matter of days rather than
months.20 Registration is more likely to happen immediately after the child is born and doing so
increases the likelihood of accurately recording information about the birth.21
Good practice
Of the 24 countries featured in the Statelessness Index, almost half demonstrate good practice
in this area, with the law providing that all births in the country are registered regardless of
the status of the child’s parents, and reporting this law as being implemented in practice. A key
good practice in this area is the provision in law for flexibility in documentation requirements for
groups less likely to be able to present certain documents (for example, accepting photocopies
where original documentation has been lost or destroyed, or waiving documentation
requirements and instead accepting declarations or witness statements).22 Some countries, such
as Austria, the Czech Republic and Portugal provide for this, enabling parents who are less
likely to be able to provide certain documents, such as refugees and asylum seekers, to register
the birth of their child. Since August 2018, a new law in Greece provides that undocumented
mothers about to give birth must be admitted to public hospitals and issued with an ad-hoc
ID including their personal information based on a statement, in order to assist with the
registration of the child’s birth.
Flexible documentation requirements in the
Czech Republic
In the Czech Republic, different documents are required to register
a child’s birth depending on the situation. In most cases, registration
is carried out automatically by the health facility where the child
was born. If the child is born at home and the parents are married,
one must present their ID or passport; if they are unmarried,
both present their birth certificates; if the father is unknown, the
mother presents her birth certificate. The obligation to present
documentation for birth registration can be waived in special
circumstances, such as in the case of refugees and asylum seekers,
with a solemn declaration provided instead, facilitating access to birth
registration procedures.23
Barriers to immediate, free birth registration
Conditions relating to the documentation or residence status of the parents
Just over half of countries in the Statelessness Index demonstrated some barriers to immediate,
free birth registration either in law, policy or practice. The barriers identified include strict and
numerous evidential requirements, and access to birth registration being dependent on the
parents’ residence or documentation status in some countries. In Latvia, North Macedonia,