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Birth Registration
Sri Lanka
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Sri Lanka
Birth Registration
Procedure
Procedure
Place
Where must births be reported?
Place of occurrence
Recommended Practice based on International Guidelines
The civil registration law should clearly state the place where births must be reported. Reporting in the place of occurrence usually makes the registration process faster and easier for the informant. The determination of the place of usual residence may be in fact complicated for some people who have more than one residence or often move. In addition, reporting at place of occurrence facilitates declaration or notification by a health facility. Countries with electronic systems for civil registration may allow more flexibility and allow reporting from anywhere the civil registration system can be accessed.
Births must be reported to registrar of division where birth occurred, according to Section 15. Section 16 clarifies that in cases where office of appropriate registrar may not be conveniently accessed, informant's written declaration of birth must be sent to registrar in whose jurisdiction birth occured, for registration. In the case of births on estastes, births must be reported to superindentent of estate and not registrar of division under Section 20. Form CR1 (filled by informant), B148 (filled by hospital), Form U/B23 (filled by GN) and Form E (filled by estate superintendent) also note "place of birth" for child
Where should a birth that occurred in a transit vehicle be reported?
N/A
Recommended Practice based on International Guidelines
A birth taking place in a ship, aircraft, train or car in transit can create uncertainty with respect to the place of occurrence for the purposes of registration. This can be particularly complicated for vehicles travelling internationally. The legislation should address these questions and state the presumption for “place of birth” for births that occur in or on moving vehicles, both domestically and internationally. In accordance with international law, these provisions must not result in rendering a child stateless. For ships and airplanes, the captain or pilot is usually the informant.
What are the reporting periods for birth registration specified in law?
42 days/3-12 months/after 12 months
Recommended Practice based on International Guidelines
A clear deadline for reporting a birth, especially a short one, reduces the risk of misreporting or underreporting. The deadline is typically between 14 and 30 days. A late birth registration occurs when a birth is reported after the legally specified time period, but within a grace period, usually one year after the vital event. Delayed birth registration is the registration that occurs after the grace period has expired. Delayed birth registration may occur many years after the event, and should always be allowed.
Between 3-12 months, a declaration must be made under Form F by the informant to register birth. There is a discrepancy in the law that does not reflect how births that are registered between 42 days-3 months, are classified.
After 12 months, the Registrar General alone has the power to direct registrar of division to register birth.
Are there any fees or fine for late or delayed birth registration?
Yes
Recommended Practice based on International Guidelines
Fees are not effective in preventing late or delayed registration and may act as a disincentive for registration. If fees are charged for delayed or late registration, policymakers should consider having a fee-waiver process for those for whom fees are a hardship.
For birth registrations after 3 months of birth, a fee of Rs. 50 is charged to declarant, according to the RGD wesbite Anyone who registers birth after 3 months, is guilty of an offence and liable to pay a fine between Rs. 1000-2000
Recommended Practice based on International Guidelines
Proof of evidence should not be burdensome enough to discourage registration. Documentary evidence is always preferred, but if this is not available, testimony or affidavits of witnesses may be substituted. Regulations should allow for alternative evidence if the mother or father does not possess such documentation.
When informant resides in a division other than the one in which birth occurred, the informant is obligated to send a written declaration of birth (Form D) signed in presence of two witnesses, to the registrar of division where informant resides. What may act as a barrier to registration is Section 16(2) wherein, this registrar of division may require declarant to supply written or oral evidence of birth, before attesting it and sending it to registrar of division where birth occurred, to be registered. Additionally, the registrar may ask for proof of marriage or other proof, if the registrar has reason to doubt the legitimacy of the child but illegitimacy is not a ground to deny registration of birth under BDRA. In practice, Form D is not used. Form CR1 is to be filled out by informants to register all births. For births in hospitals, the registrar will require Form B148 which is generally issued to persons free of charge by government hospitals. There may be a charge for issuance of B148 by private hospitals. In the case of community births, Registrar will require B23 from the GN. In case of estate births, Form E in BDRA is still required to be filled in by superintendent of estate to register birth, though there is a growing redundancy of the distinction between estate and non-estate births in reality.
Are there additional or alternative documents required for late or delayed birth registration?
Yes
Recommended Practice based on International Guidelines
If the birth took place in a health facility or with an attendant, the provision of a notification of birth should be sufficient. If, however, the birth took place outside a health facility and without an attendant, the law may require additional evidence such as a witness statement
For birth registration after 3 months-12 months and after 12 months, parents' marriage certificate is required if parents are married and one of the following documents as proof date and place of birth: birth hospital report or certified copy/GN birth report or certified copy/estate birth report or certified copy/public health officer's certificate or certified copy/copy of midwife's register
Law Source
Information
What is the minimum information required for birth registration?
Minimum information required is in accordance with UN Guidelines and registrar has discretion to register birth without all required information
Recommended Practice based on International Guidelines
The information required for legal purposes is minimal, and usually consists of: given name; surname; date of birth; birthplace; sex; and names of both the parents. It is preferable that information on both parents is provided but resigration should not be denied if the mother cannot or will not name the father. Inability to provide Registrars should be authorized to complete registration with the available information to strive for universal registration. Failure to provide statistical data elements in notification of birth form, like weight of child born at home, should also not prevent birth registration.
Form A in BDRA (in practice Forms CR1 filled out by informant and B148 (issued by hospitals for hospital births) or Form B23 (issued by GN for community births) comprise of all the requested information. The law does not explicitly state the minimum information required. However, in practice, if some of the information (such as father's name) is unavailable, birth registration will proceed.
Can amendments be made by the registrar to correct minor errors or add omitted information, and are they free of charge?
Minor correction is free of charge and adding ommitted information can be made by registration agency, but with a fee
Recommended Practice based on International Guidelines
The civil registration agency should have authority to correct errors such as obvious spelling, date or typographical errors. The late addition of a baby name within the time frame for late naming or adding uncontested paternity information should also be permitted. Providing the registration agency with authority to make these types of amendments relieves the applicant of having to spend time and money applying to courts. No fee should be charged for minor clerical errors or adding omitted information
Registrar General or other officer authorized by RG, may correct any clerical error or supply any inadvertent omission in any registration entry under BDRA. The Registrar is allowed to correct or amend the birth certificate with respect to omitted information. Late naming is permitted, but a parent should ask for the amendment within 42 days from the date of the registration. Requests to amend information related to the father such as addition of name of father or amendment to race of father, have a cost of five rupees and require the Registrar to notify the concerned parties.
