77. One state indicated that the law also does not provide for the possibility
of preparing a birth certificate for a child born in the state without a medical
document confirming the birth containing data on the date and place of birth.
In the absence of such documents, the preparation of a child’s birth certificate
by the head of the registry office depends on a court decision.
78. In several states, the registration of the time of birth is not mandatory
and the child can be registered in the birth register without this information
if the exact time of birth has not been established.
79. One state82 reported that the registrar must be satisfied of the date and
place the birth occurred prior to recording the particulars in their register. The
residence status of the parent(s) does not form part of the birth registration
process.
7. Registration of children of refugees or migrants without
residence / proof of birth
80. In the great majority of stat0es,83 all children born in the territory (also
those born to refugees or migrants, even if they do not meet the residency
requirements) are registered.
81. The law of one state84 provides for cases involving individuals seeking
international protection, asylum seekers, and beneficiaries of subsidiary protection, that the registry office may permit documents required by law to be
substituted with a declaration of honour from the parents. If the place of birth
is unknown, the birth is recorded by the registry office in whose administrative district the person was found (this would also apply, for example, in cases
where a person is found/intercepted on a migration route). In all instances
where the place and time of birth cannot be determined or where there are
reasonable grounds for doubt, these facts are investigated and established
before the registry office responsible for recording the birth. This is done to
prevent, for example, instances of human trafficking.
82. In another state,85 original documents and extracts are required as a rule.
If the parents have absolutely no option to submit the required documents
(i.e. refugees, asylum seekers), the parents’ data is entered on the grounds of
any available documents.
82.
83.
84.
85.
United Kingdom.
E.g. Austria, Azerbaijan, Croatia, Denmark, Germany, Georgia and Lithuania.
Czechia.
Slovenia
Issues at stake: international standards and stocktaking of national situations ► Page 27