healthcare institution (per Article 13 (4) of the Law), the fact of birth is certified by a healthcare
institution after examination of a mother and her newborn. If a healthcare institution has not
performed such an examination, the birth can still be confirmed by a medical consultative
commission, to which a mother can apply no later than one week after the birth of her child. The
medical consultative commission is able to confirm the fact of the birth by issuing a conclusion.
This conclusion is used by the healthcare authority to issue a medical certificate of healthcare
supervision for the child (form 103-1/o35). In this case, both documents (a conclusion and a
medical certificate of healthcare supervision for the child) are necessary for registration of the
fact of the birth with the registration office. Finally, in cases when there is no medical certificate
whatsoever (not one issued by the regular procedure when the delivery is performed in hospital,
not one issued after a medical examination, and no conclusion issued by a consultative medical
commission), then the basis for the birth registration must be a court judgment establishing the
fact of birth.
The legislation differentiates the procedures for registration of the fact of birth based on the
child’s age. One procedure involves registration of children younger than one year old. Another
procedure involves cases of registration for children from one to 16 years old, and yet a third
procedure is for children older than 16 years and for adults.
When children are less than one year old, the Ukrainian legal system prescribes a very simple
birth registration procedure. In such cases, in order to register their children, parents need to
initiate the procedure before a state office for the registration of civil status acts, to present their
own identification documents, and to present a medical certificate of birth (form 103/o), which is
issued by a medical institution. If the parents are not able to initiate the abovementioned
procedure, a third party can also do so.
In cases when children who were born in healthcare institutions are between one and 16 years
old at the time of birth registration, two additional documents are necessary. In such cases, the
registration office should be provided with four documents total: a parent’s identification
document (internal passport), form 103/o certifying the fact of birth, a medical certificate of
healthcare supervision for the child (form 103-1/o), and the child’s residence registration.
Finally, in cases when children are older than 16, or when an adult is registering, they need to
initiate a court procedure to determine the fact of their birth. In these cases, the evidence is either
form 103/o or form 103-1/o. If neither document can be presented to the court, then oral
statements made by witnesses may be taken into account by the presiding judge. It should be
noted that when deciding these cases, the presiding judges are not bound by any formal list
defining the evidence of the fact of birth.
35
Form 103-1/o (“Medical certificate of healthcare supervision for a child”) issued in accordance with Instruction on
completing and issuing a medical certificate of healthcare supervision for a child (form 103-1/o) approved by the
Ministry of Health of Ukraine, Decree No. 545, 8 August 2006, <http://zakon2.rada.gov.ua/laws/show/z1151-06>.
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