in which the fact of birth was registered. In initiating procedures for its beneficiaries, Praxis
submits a request to the social welfare centre but also submits a request to the registry office
to send to the SWC a birth certificate without name and required notification. This year on
several occasions it has happened that registry offices failed to act upon request, which has
led to the situation where social welfare centres do not conduct the procedure. For that reason
some procedures have been at a standstill for several months, even half a year, after
submitting a request. We have to stress that in these cases the social welfare centres usually
tried to obtain necessary documents from registry offices. In one case, the SWC employee
repeatedly addressed the registrars in writing and by phone, requesting a birth certificate
without name to be sent to the SWC, but it was not done. The registrars first refused to submit
a birth certificate with the explanation that “birth registration has not been completed”, and
then claimed that the SWC conducting the procedure does not have a territorial jurisdiction,
since the mother’s permanent residence was registered in another city, and therefore they had
submitted the birth certificate to other SWC. This is probably a unique case that one body,
completely unsolicited and without powers (and with a completely different subject matter
jurisdiction), determines the territorial jurisdiction of another body. It did not help even when
Praxis informed this registry office about the practice of the second-instance body, according
to which in the procedures of personal name determination the territorial jurisdiction belongs
to the guardianship authority according to the factual place of residence (not permanent
residence). Finally, the parents could no longer wait for the registry office to act in a lawful
way - and it was several months after the initiation of procedure – and travelled to the place of
mother’s permanent residence and there conducted the procedure for determining the personal
name for their child.
One of the particular problems in the procedures of personal name determination in the
previous years were identified in the cases in which the data about the child’s mother entered
in birth registry books were different that the data in the mother’s personal documents. In fact,
at the time of delivery in hospital the mothers who were not registered in birth registry books
and did not have their documents gave oral statements based on which their personal
information was recorded. It used to happen that instead of giving their own surname the
mothers gave the surname of their common-law spouse or the biological father who did not
recognise the paternity or gave incorrect date of birth, or simply the hospital staff recorded
wrongly what the mother had said. When the mothers were subsequently registered in birth
registry books and acquired ID cards the data from these documents differed from those
entered in birth registry books as data on the child’s mother. Registry offices and social
welfare centres acted differently in such cases. Some registry offices corrected data on
mothers ex officio and implemented SWC’s decisions on personal name determination
without any problems. Unlike this practice, which deserves to be praised, it used to happen
that registrars refused to enter personal name in birth registry books, and referred the mother
to initiate a court procedure of disputing and determining the maternity.
One such case occurred also this year. In this case, the registry office showed a worrying lack
of understanding of the problem, and also of the norms that regulate the procedures of
correcting civil registry entries and the procedures of disputing and determining the maternity.
The registry office disqualified all the enclosed evidence showing that this was one and the
same person who at the time of delivery did not possess personal documents, and because of
this, and also because of her illiteracy - but partly also due to insufficient attention of hospital
staff - wrong data were entered in birth registry books. It also assessed as irrelevant the
documents enclosed as examples of how other registry offices conducted entry correction
procedures in such situations. Instead, the registry office found it appropriate to issue a
11
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