The birth certificate obtained during the occupation was replaced by a Ukrainian one
Publication date: April 7, 2023
The issue of reissuing the birth certificate of a child who was born in the temporarily occupied territory of Ukraine has been facing the displaced since the time of the russian invasion in 2014. With the beginning of a full-scale war, such legal requests do not lose their relevance. Lawyers from Bila Tserkva (Kyiv oblast) NGO “Legal Unity” told how to help people in a similar situation, using an example from their practice.
Iryna* moved to Kyiv oblast from Donetsk. In a new place, she received the status of an internally displaced person (IDP). In February of this year, a 31-year-old woman turned to the NGO “Legal Unity” with a request for help in reissuing her child’s birth certificate, which was issued in the temporarily occupied territory…
- Iryna could not obtain a Ukrainian-style birth certificate from the Department of State Registration of Civil Status Acts, as the fact of birth took place in the temporarily occupied territory of Ukraine. At the same time, establishing the fact of birth was necessary to obtain a birth certificate of a child according to the model of Ukrainian legislation, – comments the lawyer of the organization Oleksandra Shcherbyna, who undertook to help the resettled woman.
A lawyer accompanied this case. She helped Iryna draw up a statement “On establishing the fact of the birth of a child” and submit it to the court. The court, based on the evidence, recognized the fact of the birth of the child — the application was subject to approval and immediate execution.
Later, with this court decision, the woman turned to the state department of registration of civil status acts, located in the territory controlled by Ukraine. Here the fact of birth was officially registered, and after some time Iryna’s child already had a Ukrainian birth certificate.
The legal framework that the lawyer was guided by
Article 7 of the Law of Ukraine “On Citizenship of Ukraine” stipulates that a person whose parents were citizens of Ukraine at the time of birth is a citizen of Ukraine. A person who has the right to acquire Ukrainian citizenship by birth is a citizen of Ukraine from the moment of birth.
Article 317 of the Civil Procedure Code of Ukraine provides that an application to establish the fact of the birth of a person in the temporarily occupied territory of Ukraine, determined by the Verkhovna Rada of Ukraine, may be submitted by parents, relatives, their representatives or other legal representatives of the child to any court outside such territory of Ukraine regardless of the applicant’s place of residence.
Cases on establishing the fact of birth or death of a person in the temporarily occupied territory of Ukraine, determined by the Verkhovna Rada of Ukraine, are considered immediately from the moment of receipt of the relevant application to the court.
The decision of the court in cases of establishing the fact of birth or death of a person in the temporarily occupied territory of Ukraine, determined by the Verkhovna Rada of Ukraine, is subject to immediate execution.
According to Article 13 of the Law of Ukraine “On State Registration of Civil Status Acts”, if the state registration of a child’s birth is carried out at the place of residence of the parents or one of them, then at their request, the place of birth of the child in the act record of birth may be defined as the actual place of his birth or the place of residence of the parents or one of them.
The state registration of the birth of a child is carried out no later than one month from the day of its birth, and in the case of a stillborn child – no later than three days. The basis for the state registration of a child’s birth are documents confirming the fact of birth determined by the central executive body that ensures the formation of state policy in the field of health care.
If a child is born outside a health care facility, a document confirming the fact of birth is issued by the health care facility that examined the mother and child. In the event that the health care institution did not examine the mother and child, a document confirming the fact of birth is issued by the medical advisory committee in accordance with the procedure determined by the Cabinet of Ministers of Ukraine.
In the absence of a health care document or a medical advisory commission confirming the fact of birth, the basis for state registration of civil status acts is a court decision establishing the fact of birth.
*Name has been changed for ethical reasons.
The material was created within the framework of the “Regional Coordinators” Initiative. The initiative is launched with the support of the international charity platform GlobalGiving and the Legal Empowerment Fund (Fund for Global Human Rights program) and the Legal Development Network.
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