Issue 27. Birth Registration
121. In May 2019, the Government announced that, in order to ensure that all children are
registered and protected by the State, it would introduce a birth notification system under
which all births at medical institutions should be reported to State agencies and strengthen the
system for identifying and protecting children at risk. Accordingly, the Act on Registration of
Family Relations has been amended to enforce the birth notification system from July 2024.
Besides, the Government announced in February 2021 that it would expedite the introduction
of a birth registration system for foreign children, and a legislative bill of the Foreign Child
Birth Registration Act is currently being considered.
122. The legislative bill of Foreign Child Birth Registration Act, which is currently under
review, stipulates that applications for birth registration, the issuance of birth certificates,
applications for the correction of information contained therein, etc. may be delegated to the
heads of local immigration offices and the heads of administrative bodies. However, local
immigration offices, which are responsible for managing the entry and departure, and the stay
of foreigners, are virtually inaccessible to undocumented migrants. Even if there are separate
reception desks at the local administrative bodies, the fact that local immigration offices have
the same authority is bound to cause anxiety and fear among undocumented migrants.
123. Meanwhile, the personal information of children collected through birth registration
should be used solely for the purpose of child protection.117 The legislative bill also exempts
public officials from the obligation to notify under the Immigration Act and blocks
immigration control officials from accessing information related to birth registration.
However, as the mere involvement of local immigration offices in the birth registration
process can be a barrier for migrant parents in undocumented status, the Government needs to
make it clear that applying for the birth registration of a foreign child to a public agency does
not result in any disadvantage. In particular, it needs to consider stipulating a declarative
provision for duty bearers, such as “the child birth registration information should not be used
for other purposes including the immigration offender enforcement,” so that public officials
and all other persons involved in the birth registration of foreign children follow this norm.
124. Proposed recommendation: The State party should, in introducing the birth registration
system for foreign children, establish a procedure for application that is accessible and usable
by all foreign children and their guardians. In addition, it should make sure that the
information obtained from the birth registration is used only for the protection of foreign
children.118
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