certificates and identity cards (and marriage certificates if they are married), or "personal
documents considered as proof of such data"23, are still in force. This practically means that if
a mother does not possess such documents, it will not be possible to determine the personal
name of the child and the child will remain unregistered in birth registry books. Consequently,
the child will remain without citizenship. This undoubtedly leads to the violation of the best
interests of the child and also constitutes the violation of the Convention on the Rights of the
Child and the International Covenant on Civil and Political Rights, which stipulate that every
child has the right to be registered into birth registry books and to have a personal name
immediately after birth.
In mid-October 2016, the Ministry of Public Administration and Local Self-Government and
the Ministry of Health presented the project Baby, Welcome to the World. On that occasion it
was announced that 25 maternity wards in Serbia began to implement a simplified procedure
for the registration of birth and citizenship in birth registry books, for the registration of
permanent residence and for the registration to health insurance. Accordingly, parents no
longer need to go to the registry office, police station or branch office of the Republic Fund
for Health Insurance after the child’s birth to determine the child’s personal name, register the
child’s permanent residence or obtain a health card, but they do all the paperwork at the
maternity ward, free of charge. Then they are supposed to receive a birth certificate,
certificate of permanent residence and health card at their home address. It was announced
that this system was expected to become a regular practice in the entire Serbia by the end of
the year.
The described procedure is regulated by the Instruction for conducting administrative
procedures related to the child’s birth according to the “one-stop” system (Instruction). As a
member of the Technical Group24, Praxis is acquainted with the content of this document.
According to the Instruction, the new system of birth notification should allow the registration
into birth registry books also for the children whose mothers do not possess personal
documents. Thus, the Instruction envisages the registration of data only on the basis of
mothers’ statements in such situations and that the parents can also determine the child’s
name in a health care institution (but it does not provide for the possibility of registering
permanent residence and registering to health care insurance). Then the child will be
registered into birth registry books under the personal name determined by the parents, while
the mother’s name would be entered based on the information she gave in the hospital. The
Instruction also provides that “in case of the mother without personal documents, the registrar,
together with the police officer, has to take appropriate steps immediately in order to check
the mother’s identity“, and if the mother is a legally invisible person, the registrar and the
police officer should undertake certain procedural actions and initiate the process of
determining the facts about the mother, which will be used for her subsequent birth
registration. On that occasion, the registrar will make a record that will be used for the
mother’ subsequent birth registration and submit it to the registrar in the mother’s place of
birth. The Instruction specifically mentions that "only in exceptional cases in which the
23
Article 5 of the Rulebook on the procedure for the issuance of birth notification and form of the issuance of
birth notification in a health care institution (Official Gazette of RS, nos. 5/2011, 9/2016, 16/2016 and 36/2016)
and points 10 and 24 of the Instruction on administering registry books and forms of registry books (Official
Gazette of RS, nos. 109/2009, 4/2010, 10/2010, 25/2011, 5/2013 and 94/2013).
24
The Technical Group is a working body of the Management Board, established on the basis of the Agreement
of Understanding concluded in 2012 between the Ministry for Human and Minority Rights, Public
Administration and Local Self-government, the Ombudsman and the United Nations High Commissioner for
Refugees - Representative Office in Serbia, with the task to monitor, implement and coordinate the activities
relating to subsequent birth registration.
17
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