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). 21

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