Childbirth Abroad: How Ukrainians Can Obtain a Birth Certificate and What Documents Are Required

In recent years, many Ukrainians have found themselves outside Ukraine due to the war, studies, or work. In many families, children are born abroad, where they receive their first documents, including a birth certificate. Ukrainian citizens can register the birth of a child either at a diplomatic mission or consular office of Ukraine or at the competent authority of the country of residence.

State registration of birth at a diplomatic mission or consular office of Ukraine

State registration of civil status acts of Ukrainian citizens residing or temporarily staying abroad is carried out by diplomatic missions and consular offices of Ukraine (part two of Article 4 of the Law of Ukraine "On State Registration of Civil Status Acts").

After state registration of birth, parents receive a Ukrainian-style birth certificate.

Information recorded in birth records about the child and their origin, compiled by diplomatic missions and consular offices of Ukraine on paper and electronically, is entered into the State Register of Civil Status Acts of Citizens (hereinafter – the Register) by the civil status registration department of the Main Department of Justice in Kyiv (currently – the Central Department of Civil Status Registration of the Kyiv Interregional Department of the Ministry of Justice of Ukraine) within seven working days from the date of receipt of the first copy of the record (part three of Article 12 of the Law). This was reported by the Ministry of Justice. 

State registration of civil status acts is conducted in accordance with the Law, the Civil and Family Codes of Ukraine (hereinafter – the Code), the Law of Ukraine "On Administrative Procedure," and other legislative acts by civil status registration authorities.

According to the Cabinet of Ministers of Ukraine Resolution dated 24.01.2023 No. 66 "On Ensuring the Exercise of Powers by Ukraine's Foreign Diplomatic Missions in the Field of State Registration of Civil Status Acts under Martial Law," the Ministry of Foreign Affairs of Ukraine has designated foreign diplomatic missions that, among other things, carry out state registration, including birth registration, directly using the Register's functional capabilities as civil status registration authorities of Ukraine; provide civil status registration services to Ukrainian citizens regardless of their place of residence (stay); and apply the legislation governing civil status registration authorities maintaining the Register (a list of diplomatic missions connected to the Register can be found on the Ministry of Foreign Affairs of Ukraine's website at https://mfa.gov.ua/consul/forua/reg/services-martial-law).

State registration of a child's birth is conducted simultaneously with determining the child's origin and assigning a surname, given name, and patronymic. The child's origin is determined according to the Code (part one of Article 13 of the Law).

Persons who may submit an application:

An application for state registration of a child's birth may be submitted by:

- parents;

- relatives;

- other persons.

The application must be submitted no later than one month from the child's birth date.

State registration of birth is carried out upon presentation of:

- passports or identity documents of the parents (one of them);

- passport or identity document of the applicant;

- a medical institution document confirming the child's birth, as provided in paragraph 2 of chapter 1 of section III of the Rules for State Registration of Civil Status Acts in Ukraine, approved by the Ministry of Justice of Ukraine Order dated 18.10.2000 No. 52/5 (hereinafter – the Rules);

- documents confirming the child's origin (paragraphs 12, 24 of chapter 1 of section III of the Rules).

   Certification of documents issued by competent authorities of a foreign state

Documents issued by competent authorities of the country of residence must be certified in the manner prescribed by law, unless otherwise provided by international treaties of Ukraine, the consent to be bound by which has been given by the Verkhovna Rada of Ukraine (paragraph 1.11 of section 1 of the Instruction on the Procedure for Registration of Civil Status Acts at Diplomatic Missions and Consular Offices of Ukraine dated 23.05.2001 No. 32/5/101).

That is, they must be certified with an apostille or legalized. These procedures can be avoided if appropriate bilateral or multilateral international treaties have been concluded between Ukraine and other states.

Article 1 of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961 (hereinafter – the Convention) provides that this Convention applies to official documents drawn up in the territory of one Contracting State and intended to be presented in the territory of another Contracting State.

In relations with states that are parties to the Convention, the procedure of affixing an apostille to official documents is applied for their use in the territories of these states.

The only formal procedure that may be required to certify the authenticity of the signature, the capacity in which the person signing the document acted, and, where appropriate, the authenticity of the seal or stamp affixed to the document is the affixing of an apostille by the competent authority of the state where the document was drawn up (Article 3 of the Convention).

Each Contracting State designates, specifying their official functions, the authorities empowered to affix apostilles (Article 6 of the Convention).

Documents drawn up in a foreign language must be submitted for state registration of civil status acts together with their translations into Ukrainian, certified in the prescribed manner (paragraph 6 of chapter 1 of section II of the Rules).

The consul will not carry out state registration of a child's birth if the legislation of the country of residence provides that such registration must be conducted by local competent authorities.

Information on the requirements of the legislation of a specific country can be found on the website of the Ukrainian diplomatic mission.

The service is provided by prior appointment through the e-Consul Portal.

Registration of birth by competent authorities of a foreign state

Registration of a child's birth in another country is carried out according to the rules and legislation of the country of residence. After registration, the competent authority of the foreign state issues the relevant document confirming the fact of birth.

In Ukraine, such documents are recognized as valid after undergoing legalization procedures, unless otherwise provided by international treaties or laws of Ukraine. This is stipulated in Article 13 of the Law of Ukraine "On Private International Law."

Also, to use a foreign birth certificate in Ukraine, it must be translated into Ukrainian and properly certified.

At the same time, current legislation does not provide for entering data on a child's birth into the State Register if such registration was carried out abroad by authorized bodies of another state and the relevant certificate has already been issued.

The Ministry of Justice reminds that the organization of consular actions and the performance of consular functions abroad is ensured by the Ministry of Foreign Affairs of Ukraine in accordance with the regulation approved by the Cabinet of Ministers.

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