Life goes on – as of today, more than 15,000 new lives have been born in Ukraine since the beginning of the war!
We have received many inquiries about how to register the birth of a child under martial law, given that more and more women are forced to give birth outside the health care facility.
In this regard, we inform that on 04.03.2022 the Ministry of Health of Ukraine (hereinafter – the Ministry of Health of Ukraine) approved the order № 407 “On ensuring the registration of a newborn child in martial law”, which provides a list of documents confirming the birth of a child and give the right to register this fact in the departments of the Registry Office.
- Documents confirming the fact of birth of a child in martial law:
- Medical birth certificate (form № 103 / o).
Form № 103 / о – medical birth certificate, approved by the order of the Ministry of Health of Ukraine dated 08.08.2006 № 545 “On streamlining the maintenance of medical records certifying births and deaths”, registered in the Ministry of Justice of Ukraine on 25.10.2006 on № 1150/13024.
The medical birth certificate (form № 103 / o) for each case of live birth is filled in by medical workers of health care institutions and private individuals who have received a license to conduct business in medical practice (hereinafter – health care providers), who:
- provided assistance in childbirth,
- carried out the first medical examination of the newborn;
- conducted the first medical examination of the mother after childbirth.
A medical birth certificate is also issued in cases where the examination of the newborn or the examination of the mother after childbirth was carried out outside the health care facility, without the possibility of further transportation of the mother and newborn to the appropriate health care provider or if she refuses such transport threats to life and health.
- Certificate of any form, issued by a medical professional for each case of birth of a living child.
If medical service providers do not have the opportunity to fill in the Medical Birth Certificate (form № 103 / o), the medical worker is obliged to issue a certificate of any form in two copies without affixing a seal.
Mandatory details of the child’s birth certificate:
- name of the medical service provider;
- Name (father’s name, if any) of the medical worker;
- Name (father’s name, if any) of the woman who gave birth;
- date of birth (date, month, year) and sex of the newborn;
- the name of the settlement in which the certificate is issued
- place of birth of the child (according to the information provided by the woman who gave birth to the child, if the place of issuance of the certificate does not coincide with the actual place of birth);
- signature of the medical worker;
- date of issue of the certificate.
One copy of such a certificate is given by the health worker to the woman who gave birth to the child, and the other copy is deposited with the appropriate health care provider.
During martial law, such a certificate is considered a document confirming the birth of a child and is equivalent to a completed Medical Birth Certificate (form № 103 / o).
ІІ. Mandatory condition for confirmation of the fact of birth of a child outside the health care institution in other cases.
Confirmation of the fact of birth of a child outside a health care institution for the period of martial law in Ukraine, except as provided above, is carried out by providers of medical care by filling in a doctor (in the medical specialty “Obstetrics and Gynecology”, “Neonatology”, “Pediatrics”, ” Therapy “,” General practice – family medicine “) Medical birth certificate (form № 103 / o) after examination of the woman who gave birth to the child and the child and provided that the woman is in the primary medical records, including in the electronic system health care, information confirming the fact of pregnancy of such a woman.
III. The “Baby” service is not available. What is the procedure for registering the birth of a child?
As the Ministry of Digital Transformation of Ukraine (hereinafter – the Ministry of Figures) explained, in the conditions of martial law the complex service “eBaby” on the “Action” portal is currently not working.
It will be recalled that in accordance with the general rule established by paragraph 3 of Chapter 1 of Section III of the Rules of State Registration of Civil Status Acts in Ukraine approved by the Ministry of Justice of Ukraine dated 18.10.2000 № 52/5 (hereinafter – the Rules of Registration), state registration of childbirth is carried out the place of birth of the child or the place of residence of his parents or one of them. If the child’s parents are not married, the child’s birth can be registered at the place of residence of the person who identifies himself as the child’s father.
However, paragraph 4 of Chapter III of the Rules of Registration states that the body of state registration of civil status is not entitled to refuse state registration of birth, motivating the refusal to conduct it in another body of state registration of civil status.
Thus, the birth of a child can be registered in the nearest working department of the Registry Office (for the most part, the departments of the Registry Office do not work only in areas of active hostilities).
The registration of a child’s birth is carried out on the basis of the Medical Birth Certificate (forms № 103 / o), or a certificate in any form (however, with mandatory details), which we mentioned above.
The Ministry of Finance also clarified that if the State Register of Civil Status Acts does not work, the relevant state bodies (registry offices) must make an entry in paper form, and information in the electronic register will be entered within the first five days after as access to it is restored.
- What to do if the child was born before 24.02.2022 and the corresponding entry was entered in the State Register of Civil Status, however, due to active hostilities, the parents were unable to obtain a child’s birth certificate?
Pursuant to paragraph 2 of Chapter I of the Rules of Registration mentioned above, information on the birth of a natural person and his origin is subject to mandatory entry in the State Register of Civil Status Acts in accordance with the Procedure for Maintaining the State Register of Civil Status Acts approved by the Cabinet of Ministers from 22.08.2007 № 1064.
Thus, if the information about the child’s birth was entered into the State Register of Civil Status Acts, the child’s parents (or one of them) should contact the nearest department of the Registry Office, which works, and obtain a child’s birth certificate.
In addition, we draw attention to the parents’ ability to pull up a child’s birth certificate in electronic form in the mobile application “Action”. To do this, you must enter such details as the series and number of the birth certificate. Given the provisions of the resolution of the Cabinet of Ministers of Ukraine dated 23.09.2020 № 911, the electronic birth certificate has the same legal force as the paper one.
* If you have any questions, or you can not do the procedure yourself, or gave birth abroad, you can contact us by phone: +38 095 329 13 55 and we will help you
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