Birth registration and the prevention of statelessness in Europe
Court or administrative procedure required for late birth registration
In some countries, civil registries do not have authority to register a birth beyond the statutory deadline. Late
birth registration may require approval by a higher administrative body, be subject to a different
administrative procedure or to court proceedings. These procedures tend to be lengthy and require
additional evidence, creating further obstacles for birth registration and potentially deterring parents from
initiating the procedure to register a child.
In Serbia, after 30 days, a procedure for subsequent registration of the fact of birth must be initiated, which
is a complex procedure that can take several months. The regulations governing the procedure are not
sufficiently precise and practice varies between municipalities. The mother needs to be present and be
registered. In practice, the deadline is always exceeded and evidence such as vaccination cards must be
submitted. People who cannot prove the fact of their birth in an administrative procedure can initiate the
non-contentious court procedure for determination of date and place of birth. However, there are often
delays, it is subject to fees, and different evidentiary rules apply. The Supreme Court has held that noncontentious procedures can only be conducted if a procedure for subsequent registration of the fact of birth
has previously been previously initiated and was unsuccessful. It also ruled that people registered in the
Kosovar birth registry books cannot request the court to conduct a procedure for determination of the date
and place of birth.
In the Netherlands, late birth registrations are usually seen by a judge before the birth is confirmed which
causes delays and costs extra money. In Romania, after 15 days, the approval of the mayor is required to
register a birth. After a year, registration is only possible through a court procedure, which involves
verification of the child’s identity, age, and sex through a medico-legal assessment. The age-assessment
process is unpleasant and uncomfortable, and legal aid is not available for people who are unregistered,
which may deter people from accessing the procedure. In Georgia, the law does not offer clear and
unambiguous guidance on the procedure for late birth registration. While the civil registration process
permits the late registration of births through a determination of facts, the precise steps and responsible
authorities remain ambiguous (including whether it is an administrative or a judicial procedure).
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