Late registration fees, complex court procedures, and other additional requirements for registering a birth
after the deadline can prevent or put obstacles in place of universal birth registration in some countries
featured in the Statelessness Index.
Fees or fines for late birth registration
In several countries, the law provides for fees or fines to be levied to register a birth after the deadline has
passed. The amounts vary significantly, from a €10-25 fee charged for issuance of a birth certificate after two
years in Austria, to a potential €3,750 fine and six-month prison sentence in France if the birth is not declared
by someone who attended the birth. In Croatia, the administrative fee for a late birth registration document
is approximately €3, and court fees are approximately €150 per case where court proceedings are necessary.
In Greece, the penalty is €30 for late registration between 11-90 days, after the 90th day, the penalty is €60.
It is not clear whether such penalties are simply intended as a deterrent, or whether they are implemented
in practice. Portugal, for example, provides in law for fines to be administered where the birth is not
registered within the statutory deadline, but these are not implemented in practice. 52
In Cyprus, the deadline for the completion of birth registration is 15 days after the
child’s birth. Late registration is possible by law but subject to late registration fees. If
a child is registered within 15 days of birth, €5 is charged for the issuance of the birth
certificate. Between 15 days and three months after birth, a late registration fee of €30
is charged, which doubles to €60 after three months. Such fees for birth registration
can act as a deterrent for people in vulnerable circumstances with limited or low
income.
Additional evidence requirements for late birth registration
Certain countries have additional requirements for late birth registration. In Germany and Latvia, access to
late birth registration is dependent on the documentation or residence status of the parents. In Germany,
stateless people must have habitual residence and present a travel document. 53 A refugee passport is
accepted, but if this has been issued based on the holder’s statement, its evidentiary value will be limited,
and the registrar may only issue an extract from the birth registry rather than a birth certificate. In Latvia,
parents must have identification documents to be able to register their child’s birth late, and in Croatia,
supporting documents required include all personal and other related documents of both parents. In
Austria, late birth registration is possible for nationals abroad, refugees, and persons who have no ties with
their country of origin anymore for similar reasons as refugees (e.g. beneficiaries of subsidiary protection),
stateless people, or those with undetermined nationality who have habitual residence in Austria (habitual
residence can often be proven after a six month stay). Whilst there are no reported barriers to meeting the
habitual residence requirement in practice, the lack of identification of statelessness by civil registry officials
continues to create barriers to late birth registration in Austria. This is due to there being no legal definition
of ‘statelessness’ or ‘undetermined nationality’ in domestic law and the Ministry of the Interior’s non-binding
guidance for civil registry officials applies a narrow definition of statelessness. This can often lead to miscategorisation and varying practice.
The statutory deadline for birth registration in the Netherlands is three days after the birth, and in the
Municipality of Amsterdam, a doctor’s statement is also necessary as supporting evidence after six weeks.
Ukraine requires various certificates and medical documents from the parents as evidence documenting
their child’s birth to facilitate late birth registration. If the registration takes place more than 16 years after the
child’s birth, a passport is required but it is almost impossible to acquire a passport without a birth certificate.