Additional evidence requirements for late birth registration
Certain countries have additional requirements for late birth registration. In Germany and
Latvia, access to late birth registration is dependent on the documentation or residence status
of the parents. In Germany, stateless people must have habitual residence and present a
travel document.52 A refugee passport is accepted, but if this has been issued on the basis
of the holder’s statement, its evidentiary value will be limited, and the registrar may only
issue an extract from the birth registry rather than a birth certificate. In Latvia, parents must
have identification documents to be able to register their child’s birth late. In Austria, late
birth registration is possible for nationals abroad, refugees, stateless people, or those with
undetermined nationality who have habitual residence in Austria (habitual residence can
often be proven after a six month stay). Whilst there are no reported barriers to meeting the
habitual residence requirement in practice, the lack of identification of statelessness by civil
registry officials continues to create barriers to late birth registration in Austria. This is due
to there being no legal definition of ‘statelessness’ or ‘undetermined nationality’ in domestic
law and the Ministry of the Interior’s non-binding guidance for civil registry officials applies
a narrow definition of statelessness. This can often lead to mis-categorisation and varying
practice.
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, administrative and court procedures for late birth registration are free, but the
length of these procedures is reported as a frequent problem, prohibiting access to prompt
birth registration after the deadline for registration has passed. In the Netherlands, late birth
registrations are usually seen by a judge before the birth is confirmed which causes delays
and costs extra money. North Macedonia does not stipulate in law what facts and proof
are required to evidence and determine the fact of a birth in a late registration procedure,
meaning that officials have discretion to request different documents as evidence, which can
prove cumbersome. Although late birth registration is possible in North Macedonia, it involves
a complex administrative procedure and puts additional requirements on parents that are not
easily met.