Birth registration and the prevention of statelessness in Europe
Legislative amendments passed in Serbia in 2012 introduced a court procedure to
facilitate access to late birth registration for people who have been unable to register
their births in the birth registries. However, bylaws on birth registration requiring
parents to present birth certificates and identity documents to register the birth of a
child immediately after birth remained in force and continue to disproportionately
impact on the Romani population. Children born in Serbia to undocumented mothers
still cannot be issued with a birth certificate at birth. 26
International norms and good practice require States to issue documentary proof of birth to children
regardless of ethnicity, disability, illness, their or their family members’ documentation or residence status, or
parents’ sexual or gender identity.27 In the authoritative guidance provided in their joint general comments,
the UN Committee on the Rights of the Child and the Committee on the Protection of Migrant Workers urge
States to ensure that all children not only have their births registered immediately, but are also issued with
birth certificates, irrespective of their or their parents’ migration status. 28
The majority of the 32 countries featured in the Statelessness Index demonstrate some elements of good
practice in this regard. All children, regardless of their or their parents’ documentation or residence status
should be issued with birth certificates upon birth registration, and States should take all necessary steps to
ensure a birth certificate is provided for every child. Positively, in most countries, children are issued with a
birth certificate upon registration, without any further action being required by the child or the parents.
All births in Austria must be communicated (usually by the hospital or medical
professional present at birth) to the civil registry office in the place of birth within
seven days, regardless of nationality and legal status. Austrian civil registry offices are
obliged to immediately register all births notified to them and issue birth certificates
containing details of the place and time of birth, the name of the child and the (legal)
parents. Parents must submit documents confirming their nationality and civil status
but if documents cannot be presented, civil registrars can conduct ex officio
investigations or oral hearings and should be flexible and issue correct and fully valid
birth certificates to people who cannot provide documents confirming their identity,
nationality or family status.
Issuance of birth certificate requires additional action from the parents
Some countries do not routinely issue birth certificates to all parents (or at all). In Belgium, all birth certificates
are kept in a central registry of electronic records (Database of Civil Status Deeds - DABS) and are only issued
to parents on request. In the UK, a fee is required to issue a birth certificate. Sweden does not issue
international birth certificates, but a population registration certificate may be issued on request, which
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