N O PAPeRS – NO BI RTH C e RTI F I CATe ? social benefits, there is a risk that they will skip the check-ups due to a lack of funds. The first two “U” check-ups can be settled via a parent in accordance with section 22 of the Federal Collective Agreement for physicians (Bundesmantelvertrag (Ärzte)) but subsequent services are settled via the child themselves, for which proof of the child’s identity needs to be provided. The U3 check-up should be performed at four to five weeks of age, with a tolerance of up to eight weeks. The birth therefore needs to be registered as early as possible. The federal states have different systems for ensuring the medical care of newborns in cases where the German Asylum Seekers’ Benefits Act (AsylBLG) applies. However, problems reported by professional medical associations demonstrate that these systems are deficient.15 Failing to register a birth may also pose problems with receiving child benefit. Child benefit may be received by people entitled to asylum, recognised refugees and people entitled to international protection. It will be granted if the child can be identified by a tax identification number (tax ID) in accordance with sections 62 and 63 of the German Income Tax Act (eStG). The tax ID is based on registration and civil status law;16 it is issued automatically after registration with the registration authority (section 139b(6) of the Fiscal Code of Germany (AO)). However, the registry offices only inform the registration authorities of the issue of a birth certificate in accordance with section 17(4) of the German Federal Act on Registration (BMG) in conjunction with section 57(1)(3) PStV; the deferment of the issue of the certificate in accordance with section 7 PStV is not a certificate in this sense. This means that failing to register a birth may disrupt the automatic mechanism for issuing a tax ID. Without a tax ID, the child may be identified in “another suitable way” but this option has not yet been specified in law. The justification for the relevant draft law mentions “identification documents, foreign documents or providing a foreign personal identifier”.17 Specifying the possible alternative means of proving identity at administrative level is required to prevent cases in which child benefit is not paid, or only paid retrospectively, because the 2 birth has not been registered. This specification should also recognise the confirmations of birth provided by hospitals and documents attesting to the deferment of the issue of the certificate under section 7(2) PStV as adequate proof of identity. Exhausting the legal options A declaration in lieu of an oath and the immediate issue of a certified registry extract provide legal options to enable the registration of a birth even if the parents do not have any civil status documents to prove their own identities. However, the legal options must be exhausted. In accordance with section 9(2) PStG, proof of the fact may also be provided with declarations in lieu of an oath if it is impossible, or only possible with unreasonable effort, for those affected to provide proof with official or other documents. The German Government18 has confirmed the admissibility of a declaration in lieu of an oath in the context of the registration of births. Jurisprudence also recognises the declaration in lieu of an oath as suitable evidence under civil status law.19 However, an enquiry conducted by the Monitoring Mechanism for the UN Convention on the Rights of the Child among the state interior ministries responsible has shown that the declaration in lieu of an oath is not often utilised. As the certified registry extract is legally equivalent to a birth certificate, the immediate issue of a certified registry extract in accordance with section 35 PStV can also enable unregistered newborns to access medical or state services; this method is an obligatory minimum in this regard. The procedure under civil status law is not terminated irreversibly with the issue of a certified registry extract because the information in the Birth Registry can be corrected in accordance with sections 47 and 48 PStG. The certified registry extract can be a temporary solution, as already expressed by the German Government.20 Flexible solutions under civil status law such as these support the best interests of the child and meet the requirements of the UN Committee on the Rights of the Child.21 Ensuring non-discriminatory registration of births The UN Committee on the Rights of the Child has asked Germany22 to abolish the registry offices’