The legal framework governing birth registration varies across countries but generally includes international conventions and national laws.
International Legal Framework
Article 7 of United Nations Convention on the Rights of the Child (UNCRC) mandates that every child shall be registered immediately after birth and has the right to a name and nationality. Goal 16.9 of Sustainable Development Goals (SDGs) emphasizes providing legal identity for all, including birth registration, by 2030.
In India, The birth certificate is mandatory to prove the date and place of birth of a person who is born on or after 1st October, 2023 for the purposes of:
- admission to an educational institution;
- issuance of a driving licence;
- preparation of a voter list;
- registration of a marriage;
- appointment to a post in the Central Government or State Government or a local body or public sector undertaking or in any statutory or autonomous body under the Central Government or State Government;
- issuance of a passport;
- issuance of an Aadhaar number; and
- any other purpose as may be determined by the Central Government.
Whether a birth certificate can be obtained without the Name of a child?
According to Section 14 of the Registration of Births and Deaths Act, a birth certificate can be issued without the child’s name. The name can later be added by the registration authority:
- Within 12 months of registration, this can be done free of charge.
- After 12 months and up to 15 years, the name can still be added, but a prescribed fee will be charged.
The time limit for adding the name may be extended as per the rules.
Challenges Faced Birth Registration in India
- Lack of Awareness: Many people, especially in rural and marginalized communities, are unaware of the importance of birth registration.
- Administrative Barriers: Complex procedures and lack of infrastructure can hinder timely registration.
- Financial Constraints: Some families cannot afford the associated costs, even if nominal.
- Conflict and Displacement: In areas affected by war or displacement, access to registration services is often disrupted.
