How to register the birth of a child in Ukraine if the birth took place in the occupied territory
Since the beginning of the full-scale war, Ukraine has faced a new type of legal difficulties that were considered exceptional just a few years ago. One of these problems is the birth registration of children who are born under conditions of temporary occupation. Families who live or have temporarily stayed in the occupied territories often do not have the opportunity to obtain a Ukrainian birth certificate, as medical facilities in these regions do not operate within the legal framework of Ukraine or do not maintain documentation recognized by the Ukrainian authorities. This situation creates a number of risks: without proper registration, the child does not have legal status in Ukraine, which complicates access to medicine, education, social protection and further documents. However, the mechanism for solving this problem is provided for by law, so you should know how to implement it.
Procedure for birth registration
Article 13 of the Law “On State Registration of Civil Status Acts” applies in Ukraine, according to which parents or one of them can register the birth of a child by submitting an application to the State Registration Authority of Civil Status Acts (DRATSS). This can be done at the place of birth of the child or at the place of residence of the parents, both in writing and orally. In addition, such an application can be submitted electronically.
In wartime, the procedure has a simplified format. In accordance with the Law “On the Legal Regime of Martial Law”, any body of the DRATS on the territory of Ukraine has the right to accept an application for birth registration – regardless of the place of birth of the child or the actual residence of the applicant. This means that parents can turn to the nearest convenient DRATSS department in the controlled territory if they are outside the borders of occupation.
Representation through a third party
In the event that parents cannot appear in person at the DRATSS, they have the right to issue a power of attorney for another person who will act in their interests. To do this, it is necessary to issue a power of attorney in accordance with the Law of Ukraine “On Notary Publicity” or provide a document confirming authority in accordance with the Law “On Advocacy and Advocacy”. The representative can submit an application on behalf of the parents, as well as obtain the necessary certificate.
Documents confirming the fact of birth
The basis for state birth registration is documents confirming the very fact of birth. These documents must be defined and approved by the central executive body responsible for health policy. Usually, we are talking about medical certificates from maternity hospitals or hospitals, which indicate the data of the mother and the child, the date and place of delivery.
However, in a situation where such a medical certificate is not available, and the hospital is located in the occupied territory or operates outside the jurisdiction of Ukraine, it becomes necessary to go to court.
Judicial procedure for establishing the fact of birth
In the absence of a medical document recognized by the Ukrainian health care system, the fact of a child’s birth can only be established through a court. For this, one of the parents or an authorized representative must apply to the district court with an application to establish the fact of the person’s birth.
The application is submitted at the applicant’s place of residence. Any available documents or evidence that can confirm the fact of birth are attached to it: a photo from the maternity ward, notes from messengers, certificates from local doctors (even if they are documents from institutions not recognized by Ukraine), testimony of witnesses, etc. The court will consider the totality of the evidence.
If the court establishes that the child was really born to the specified woman at the appropriate time and in a certain place, it makes a decision to establish this legal fact. After such a decision comes into force, parents must apply to any DRATSS body with a corresponding application, attaching a copy of the court decision, which becomes the basis for state registration of the child’s birth.
The value of registration
The presence of a birth certificate issued by the Ukrainian state gives the child access to all basic rights: medical care, school education, registration of citizenship, social protection and the possibility of crossing the border. It is also the basis for further processing of other documents — passport of a citizen of Ukraine, identification code, etc.
Therefore, the timely resolution of the issue of registration of a child born in the occupied territory is not only a legal formality, but an important step towards ensuring the child’s full citizenship status and its integration into Ukrainian society.
