55. If a midwife or doctor was not present at the birth, the parents, or the
person in whose house the birth took place, or any other person who knows
about the birth must report the birth to the civil registrar. Furthermore, state
institutions for the protection of the rights of the child have the obligation to
do so if they discover a case of a not yet reported birth.
56. In many states, notification of birth can take place electronically with the
civil registry61 or even directly to a central e-population register62. In several
states63 the birth will be entered by the registry office in a Central Civil Status
Register.
57. The birth of all children born on the territory of a state should be registered. In many states, the parents’ documentation is not a requirement for birth
registration. Incomplete entries will be verified and completed at a later date.
The child’s right to be registered is considered to be a human right irrespective
of the residence status of the child and the parent(s).
58. In many states,64 births that take place abroad are also entered into the
civil register of the state of which the parents are nationals based on an extract
of the birth certificate issued by the competent foreign civil register. In some
cases, a birth taking place abroad can also be entered in the civil register of
the state of which the parents are nationals without producing a foreign birth
certificate. However, in such cases, a court decision is often necessary.
3. Fees for birth registration
59. In all states, which answered the questionnaire, birth registration is free
of charge and, in almost all states, there are no fees for the first issuance of a
birth certificate for a child.
4. Documentation requirements; relation with the parents’
documentation
60. The documentation required for a record to be entered in a birth register
includes, in particular, the parents’ identity documents, the parents’ registry
documents (e.g. birth certificates, marriage certificate, divorce decree, etc.)
and a declaration of the child’s given name and, in several states, a declaration
on the choice of the surname. The list of documents required by law depends
on the family status of the parents (whether they are married or not, etc.).
61.
62.
63.
64.
E.g. Georgia and Ireland.
E.g. Estonia.
Austria, Azerbaijan and Belgium.
E.g. France and the Netherlands.
Issues at stake: international standards and stocktaking of national situations ► Page 21