Statelessness Working Paper Series 2017/04 birth to the municipality at the latest one working day after the birth occurred.81 As Syrian legislation does not recognise a child's existence before he or she is born, the presence of both parents can as well be required during the birth declaration to establish the filiation. A certificate of marriage, a family record book or a certificate of celibacy will be asked in order to verify the matrimonial situation, as the presumption of filiation differs depending on whether the couple is married or not. A justification of residence will also be required if the parents are not registered in the national register. A certificate of custom (‘certificat de coutume’), a document recalling the law of a country in a certain field, can be asked in order to establish the name of the child with respect to Syrian Law or to establish the mode of establishment of the filiation.82 The child is then registered in the population register and parents receive a convocation to retrieve the identity documents of the child.83 The procedure for birth registration in Belgium is in theory accessible to all. Any person can declare the birth of a child. With regard to recognised stateless persons, registered asylum seekers, recognised refugees or those benefitting from subsidiary protection, besides the common cultural and linguistic barriers that any alien would encounter on Belgian territory, there does not seem to be other barriers to birth registration of their child in Belgium. The question of accessibility to birth registration services for persons in irregular stay must be discussed. As van Waas mentions, “[i]n practice, what proves to be a greater obstacle than this heightened risk of a conflict of nationality laws is the inability of migrants in irregular stay to register the birth of their child in the host state”.84 In Belgium, persons in irregular stay have the same access to birth registration procedures, described above.85 When they make the declaration, parents in irregular situation receive the necessary documents in order to be able to retrieve the birth certificate at the municipality in which the child is born.86 Official documents from the country of origin of the parents are also necessary in order to obtain the birth certificate.87 In order to be valid, those documents must be legalised. However, if that is not possible, the birth certificate will use the mention ‘declares’ before the name. The code identifying the type of proof for other information provided, such as date and place of birth, will be ‘without documentary evidence’.88 Therefore, the lack of official or legalised documents will not prevent a migrant in irregular stay from obtaining a birth certificate for his or her child. In cases where the mother gave birth without assistance, the mother must recognise the child at the municipality.89 Moreover, Article 4 of the Royal Decree of 12 December 1996 on urgent medical aid mentions that confidential information collected while giving medical attention cannot be used for other means than reimbursement of costs. 90 Therefore, the persons in irregular stay are not prevented from seeking medical aid to give birth in fear of being reported to the authorities. However, as the municipality competent to deliver the birth certificate is also responsible for monitoring and enforcing immigration laws, the risk occurs that birth registration might lead to the identification of the parents' irregular situation. 91 This issue is exemplified by a circular of 2009, which explains how the municipality can help identify persons in 81 Belgium, Civil Code, Article 56(1) indent 1-2. Consulat Général de France à Bruxelles, Déclarer la naissance à la commune belge, (2016), http://www.consulfrancebruxelles.org/Declarer-la-naissance-a-la-commune-belge. 83 Service Public Fédéral Belge, Déclaration de naissance, (2016), http://www.belgium.be/fr/famille/enfants/naissance/declaration/. 84 L. Van Waas, Nationality matters, p. 170. 85 Medimmigrant, Grossesse, Accouchement, Soins postnataux chez les femmes sans séjour légal, (2010), http://www.medimmigrant.be/uploads/Publicaties/Folders/zwangerschap/Zwangerschap%2011-2010%20WEB%20FR.pdf. 86 Ibid. 87 Ibid. 88 Ibid. 89 Medimmigrant, Grossesse et accouchement (2013), http://www.medimmigrant.be/?idbericht=62&idmenu=4&lang=fr. 90 Belgium, Arrêté royal relatif à l'aide médicale urgente octroyée par les centres publics d'aide sociale aux étrangers qui séjournent illégalement dans le Royaume, 12 December 1996. 91 Ibid. 82 13