or date of birth must be submitted. If possible, data on the child’s mother’s
spouse should be indicated. However, there is no administrative procedure for
registration of the birth of a child in the absence of proof of the exact place,
time, or date of birth. If it is not possible to register a birth, because there is no
evidence of the exact place, time or date of birth, the legal fact of the birth can
be determined by a court. In this case the civil registry office would register
the birth on the basis of a court decision.
72. The law of another state77 provides that if a child is born in a means of
transport, the place of birth is deemed to be the place where the birth actually took place. If it is impossible to determine the place of birth, the place
of birth is taken to be the place where the person was transferred from the
means of transport.
ii. Birth abroad
73. In several states,78 the birth of children born abroad can be registered if
the child is a national at the time of application or is recognised at that time as
a foreign refugee or stateless person. In cases where civil status data is missing, investigation procedures must be carried out. Any witness statements or
other information must also be considered.
74. One state79 indicated that a special rule exists if a child’s birthdate is
unknown or undocumented, and the child applies for asylum. In that case,
the child’s birthdate will be registered as the date on which they applied for
asylum. If the child applies for family reunification, the child’s birthdate will
be registered as the date on which they entered the country, or – if the child
applies from abroad – the date of the application.
iii. Other situations
75. One state80 indicated that a decision on the establishment of a legal fact
of birth can be made even in the absence of specific data required for the
registration of a civil act if such data cannot be established due to insufficient
evidence or other compelling reasons.
76. In another state,81 if a document of a medical institution confirming the
time and place of birth is lacking, the fact of the child’s birth must be determined by the court.
77.
78.
79.
80.
81.
Czechia.
E.g. Czechia, Germany and the Netherlands.
Denmark.
Georgia.
Azerbaijan.
Page 26 ►Stateless children’s access to nationality