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Disclaimer / Limitations
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Birth Registration
Sri Lanka
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Sri Lanka
Birth Registration
Specific Situations
Specific Situations
Foundling
Does the law specify the process and responsibilities for registering the birth of a child who was abandoned and whose parents are not known?
Yes
Recommended Practice based on International Guidelines
The UN guidance recommends that legislation clearly identify the person or head of institution assuming custody of infant notify the registrar providing information regarding date and place of finding, sex and approximate birth date of child, name and address of person/institution reporting finding and any other information requested by registrar. The entry should be marked as "foundling" (or similar) and information about parentage left blank. If child is later identified, the foundling registration should be voided and placed under seal To avoid statelessness, foundlings who are discovered in the territory should be considered to have parents possessing nationality of that State, unless there is proof to the contrary
Yes, under Section 17 of BDRA, where any living new-born child is found exposed, it is the duty of person who found the child and the person in whose charge the child is placed to inform the appropriate registrar of divison within 7 days of such finding/being placed in charge. Alternatively, the person who finds the foundling may give the information to GN or police officer in charge of nearest police station. The GN/police officer in that case have duty to inform the registrar of division of birth. Under Section 20, in the case of a new-born being found exposed on an estate, it's the duty of person who found the child to inform superintendent of estate within 24 hours and the superintendent will inform the nearest medical officer within 48 hours in writing. This report will be sent by the medical officer to District Registrar in which estate is situated. According to Section 7 of the Sri Lanka Citizenship Act 1948, "Every person first found in Ceylon as a newly born deserted infant of unknown and unascertainable parentage shall, until the contrary is proved, be deemed to have the status of a citizen of Ceylon by descent."
Is there provision in the law that allows a sex-neutral marker option, beside male or female, at birth registration?
Recommended Practice based on International Guidelines
Issuing a birth certificate with an assigned male or female sex at birth can have a profound impact on the rights of intersex people. UN guidelines recommend that States consider allowing a sex-neutral option at birth registration such as "unclear", "unknown" or "other", alongside "Male" and "Female". Some states have considered removing sex markers from birth certificates
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Law Source
Adoption
Does the law clearly state the process for amending birth registrations in adoption cases?
Yes
Recommended Practice based on International Guidelines
Laws should contain clear provisions for amending records, and dealing with adoptions or other changed circumstances. Who may request or apply for an amendment or modification of a record, should be specifed. Birth registration should be available to all residents of a country who adopt a child from abroad. This is particularly important in order to obtain identity credentials
Yes, under Adoption of Children Ordinance No. 24 of 1941, Section 10B speaks to "re-registration of birth of adopted child", providing for amendments to particulars of adopted child, change of name of parents to adopted parents and the application of Sections 27, 27A, 28, 52, 56 and 57 of BDRA to adoption cases.
Does the law clearly state the process for amending birth registrations in surrogacy cases?
No
Recommended Practice based on International Guidelines
There are two general processes for surrogacy. 1) the original birth certificate has the names of the surrogate parents (no amendment required). 2) the birth is registered under the name of the gesttional mother, and then is amended through an adoption process to have the names of the surrogates.
