Birth registration rates globally are also lower
among adolescent mothers. Practices in some
countries, such as Ecuador28 require adolescent
mothers to be accompanied by a legal
representative to register the births of their
children – a fact of which they may be unaware
and a service they may be unable to access. Civil
registry officers in some countries like Costa
Rica29 and Guatemala30 are obliged to report
cases of adolescent mothers to the prosecutor’s
office, a potential deterrent for child mothers to
register the birth of children.31
In Egypt, a law granting women the right to register
the births of their children was updated in 2008.
Yet societal attitudes that prevent or discourage
unwed mothers from registering the birth of their
child remain widespread. According to the civil
code, a mother can register the birth of her child
provided that the marital relationship is recognized
and documented. If the mother cannot prove her
marital relationship, or in the case of out of wedlock
births, a declaration stipulating the child is hers is
required, as is testimony from doctors or midwives
who observed the birth. Single mothers and their
children are often stigmatized, excluded, and
discriminated against by law.
2.3 Other gaps impeding women from registering
the birth of their children
Although raising children in same-sex families is
becoming more commonplace in some parts of
the world, non-traditional forms of parentage are
often not recognized in civil registration laws. In
most situations, birth certificates only allow for the
inclusion of one mother and one father,
irrespective of same-sex family reality. There are
many examples of situations where children born
to same-sex parents using assisted reproductive
technologies (ART) have not been able to receive
birth certificates listing both parents.32 In some
instances children born through ART have not
been able to have their births registered at all.
The failure to accurately record each of a child’s
parents on the birth certificate can compromise
the child’s ability to acquire nationality through
each parent separately, which can present a risk
of statelessness in situations where only one
parent is able to confer nationality. If the same-sex
relationship of the parents prevents registration
entirely (for example, in countries where same-sex
marriage is not a legal possibility and a marriage
certificate is a prerequisite for registration),
children may be at risk of statelessness.
28
29
30
31
Article 24, Reglamento de la Ley Orgánica de Gestión de la identidad y datos civiles, 2018.
Article 1, Ley N° 9406, 2016.
Article 54, Ley de protección integral de la niñez y adolescencia. Decreto N° 27/2003.
Alto Comisionado de las Naciones Unidas para los Refugiados (ACNUR), Estudio regional sobre inscripción tardía de
nacimientos, otorgamiento de documentos de nacionalidad y apatridia: estándares, mejores prácticas, barreras y desafíos
en Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Guatemala, México, Panamá, Paraguay, Perú, República
Dominicana y Uruguay, 5 Enero 2021. See https://www.refworld.org.es/docid/5ff517834.html
32 Paula Gerber and Phoebe Lindner ‘Birth Certificates for Children with Same-sex Parents: A Reflection of Biology or
Something More?’ (2015) 18(2) New York University Journal of Legislation & Public Policy.
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