A child was born abroad: what needs to be done for the birth certificate to be valid in Ukraine

Ukrainians whose children are born abroad can obtain a birth certificate in two ways: through a Ukrainian diplomatic mission or through the competent authorities of their country of residence. The chosen option determines the type of document parents receive, whether the information will be entered into the Ukrainian State Register of Civil Status Acts, and what additional formalities must be completed to use a foreign birth certificate in Ukraine.

Where to register a child's birth abroad

Ukrainian citizens can register the birth of a child in two ways:

• At a diplomatic mission or consular office of Ukraine.

• At the competent authority of the country where the child was born.

Each of these options has specific requirements regarding document processing and their subsequent use in Ukraine.

Registration of birth through the Ukrainian consulate

According to part two of Article 4 of the Law of Ukraine "On State Registration of Civil Status Acts," diplomatic missions and consular offices carry out state registration of civil status acts for Ukrainian citizens permanently or temporarily residing abroad.

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

Information about the child's birth and origin, processed by Ukrainian diplomatic missions, is entered into the State Register of Civil Status Acts of Citizens. This is carried out by the Central Department of State Registration of Civil Status Acts of the State Registration Office of the Kyiv Interregional Department of the Ministry of Justice within seven working days of receiving the first copy of the record.

State registration is conducted in accordance with the Law of Ukraine "On State Registration of Civil Status Acts," the Civil and Family Codes of Ukraine, the Law of Ukraine "On Administrative Procedure," and other regulatory acts.

Additionally, Resolution No. 66 of the Cabinet of Ministers, dated 24 January 2023, defined the procedure for the operation of diplomatic missions during martial law. The Ministry of Foreign Affairs has determined the list of foreign diplomatic missions that have direct access to the State Register of Civil Status Acts and can conduct state registration of births directly in the system, regardless of the place of residence or stay of the Ukrainian citizen.

Documents Required for Birth Registration

During state registration, the child's origin, surname, given name, and patronymic are simultaneously determined.

The application can be submitted by:

• parents;
• relatives;
• other persons.

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

For registration, it is necessary to present:

• passports or passport documents of the parents (or one of them);
• the applicant's passport;
• a medical document confirming the child's birth;
• documents confirming the child's origin in accordance with legal requirements.

Certification of Foreign State Documents

Documents issued by competent authorities of a foreign state, when used for registration purposes, must be properly certified, unless otherwise stipulated by Ukraine's international treaties.

Typically, this involves:

• An apostille;

• Or consular legalisation.

However, these procedures are not required if an international treaty exists between Ukraine and the respective state for the mutual recognition of documents without additional certification.

These regulations are derived from the 1961 Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Hague Convention).

Furthermore, documents prepared in a foreign language must be submitted with a Ukrainian translation, which must be certified in the prescribed manner.

When the Consul Will Not Register a Child's Birth

The Ministry of Justice has highlighted a significant limitation:

The consul will not undertake the state registration of a birth if the legislation of the country of residence mandates that such registration must be carried out exclusively by local competent authorities.

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

Appointments for this service are made in advance via the "e-Consul" portal.

Legal Force of a Foreign Birth Certificate in Ukraine

If a child's birth was registered by the competent authorities of a foreign state, a birth certificate will be issued in accordance with that country's legislation.

According to Article 13 of the Law of Ukraine "On Private International Law," documents issued by authorised bodies of foreign states in the prescribed form are recognised as valid in Ukraine after their legalisation, unless otherwise provided by law or an international treaty of Ukraine.

Additionally, for such a document to be used in Ukraine, it must be:

• Translated into Ukrainian;

• The translation must be certified in the prescribed manner.

Entry of Foreign Birth Certificate Details into the Ukrainian Register

The Ministry of Justice has clarified that current legislation does not provide for the entry of information about a child's birth into the State Register of Civil Status Acts of Citizens if the registration was carried out by competent authorities of another state and a corresponding foreign birth certificate was issued.

Furthermore, according to the Regulations on the Ministry of Foreign Affairs of Ukraine, the MFA ensures the performance of consular functions and consular actions abroad, including in the field of state registration of civil status acts.

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