The paper also agrees with UNHCR that universal birth registration will not end
statelessness without the minimum legal reforms to provide a right to nationality
based on place of birth or descent. These will not be effective, however, unless
there are simultaneous efforts to address the conflicts of law affecting recognition
of civil status and nationality more generally. UNHCR and its allies in the global
campaign must also master private international law.
In most legal systems, birth registration must be accompanied by registration of
other life events – adoption, marriage, divorce, changes of name, death – for a
person to be able to claim rights based on family connections, including
nationality. This is the case in principle even in countries where birth registration
reaches less than half of all births, and registration of marriages or deaths a small
fraction of that number. Fulfilling these obligations for paperwork can be difficult
enough even if they all take place in one country, and is fanciful in many states of
the global South; but the difficulties are multiplied many times once these civil
status events have to be recognised across borders.
Depending on the country, an assortment of official copies of parental birth, death
or marriage certificates may be required to register a child’s birth. If the child’s
birth is in a different country from the one where these documents were issued,
the official copies must be obtained from the country of origin, presented in a
form accepted by the host country and usually transcribed into its national
records. Non-recognition of a foreign-registered civil status event means that it
lacks legal effect, leaving (for example) marriages invalid in one country or the
other, or still in place despite a registered divorce. If a person’s civil status
documents are not recognised in another jurisdiction, the rights that depend on
these documents may also be unrecognised: the same child may therefore be born
in wedlock for the authorities of one country and out-of-wedlock for another. On
top of these challenges related to registration in the country of birth, consular
registration and/or transcription into the records of the state of origin is in many
cases necessary if the child’s right to the nationality of one or both parents is to
be recognised. It is also likely that the parents will need a valid identity
document, and if neither is a national of the country where their child is born, a
passport with visa showing legal presence in the country. A finding of an error at
any stage in these processes can sometimes result in the retroactive loss of
nationality apparently held legitimately over many years. Already exhausting for
legal migrants in the formal sector, for refugees and irregular migrants of few
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