children born out of wedlock as ‘illegitimate’ and women must enjoy equal
rights as men to register the births of children. Civil registration law and
practice in which only fathers may register births, or which only allow birth
registration in the case of a child born in wedlock, have the effect of reducing
the number of birth registrations, and therefore create a risk that children will
not be able to enjoy their right to a nationality. In the case that only fathers
are able to register children, children may be denied their right to birth
registration where the father is stateless or unwilling to support the child in
acquiring the father’s nationality. Where the child was born from a marriage
that is not sanctioned by the State, such as child marriage, or certain interfaith marriages, the ensuing lack of official marriage certificate may result
in the non-registration of a child. In addition to the many obligations cited
above, it should be noted that restrictions and burdens placed on access to
birth registration run counter to the commitment made by all States to “legal
identity for all, including birth registration, by 2030 (SDG 16.9).
Implementation
There are a number of challenges that are likely to arise in the area of birth
registration in the context of displacement. The requirement of possession
of a marriage certificate before a birth may be registered can be particularly
difficult. Important documents may be lost or destroyed during flight. Where
refugees flee and are unable to provide an official marriage certificate to the
authorities of their country of asylum, they may not be able to register the
birth of their children.60 An additional complication may take place where
birth registration is dependent on the father, particularly amongst female
headed households. Where evidence of the nationality of the father is not
available, mothers may face difficulties registering the birth of a child if
government authorities demand the presence or proof of the identity of the
father.61
Despite the challenges regarding birth registration, there have been
numerous positive developments in the region in relation to the forced
displacement caused by the conflict in Syria, which have allowed for
significant improvements in the number of refugee children able register their
births.62 In Jordan, the Civil Status Department has facilitated registration of
certain refugee children in cases where their parents lack official marriage
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