In this Article, we will provide you with basic information you need to know if you want to obtain a birth certificate.
Documents required at birth:
A birth certificate is a document that the state issues to parents or caregivers. The birth certificate proves that the birth registration took place.
As for birth registration, it is the process of registering the birth of a child, in an official file that indicates the existence of the child, provides legal recognition of his or her identity, place of birth, and who the parents are. After the birth registration takes place, a birth certificate is issued, representing a legal proof for the child's identity.
Birth registration is a basic human right that helps guarantee children's rights to protection from violence, and access to basic social services such as health care and justice. The information gathered from birth registration helps the government determine how the money is being spent and what areas to focus on in developing programs and budgets for education and immunization.
The issuing authority of the birth certificate:
For hospital / clinic deliveries, the doctor, midwife, or specialist nurse must issue and sign a birth certificate in four copies and keep one copy. Three copies are sent to the Department of Vital Statistics and Civil Status at the Ministry of Health for registration and approval.
Steps and procedures required for parents to obtain a birth certificate:
To register newborns in Iraq, parents must:
- Obtain a birth certificate from the hospital in which the child was born.
There is a standard form for birth certificates completed in four copies: white, yellow, green or blue and the last one is pink; These copies are obtained by the issuing hospital, the Ministry of Health, the General Department of Civil Status, and finally the parents.
- Bring the birth certificate to the Health Directorate
Parents bring the birth certificate to the Health Directorate to verify its authenticity and record it in the records of births and the deceased. A copy of the birth certificate attested by one of the parents must be submitted to the Civil Status Directorate to maintain the family record.
- Bring the birth certificate to the Civil Status Office
Parents bring the birth certificate to the General Directorate of Civil Status in their governorate to register the child, and then the child obtains a mandatory national identity card. Usually, parents of children make sure that the child receives their national ID card once before they start school, as they usually need it for the first time when registering in school.
It is the proof issued when it is not possible to obtain a birth statement, and it is an official document issued by the personal status courts (according to the provisions of the Births and Deaths Registration Law No. (148) for the year 1971 as amended) and it is like a birth certificate for children or persons for whom a certificate has not been issued by an authorized official during their birth.
Birth registration procedures must be completed within 15 days in the case of a hospital birth, and 30 days in the case of a home birth.
If the deadline period expires without registering the child, one of the parents must go to court and obtain a proof of birth, then it must be personally delivered by one of the parents to the population registry in the same district in which he was registered.
The documents required for the purpose of obtaining the proof of birth:
- The application form for obtaining the proof of birth document is requested from the competent Personal Status Court.
- The civil IDs of the father and mother (original and photocopy).
- A certified marriage contract.
- Two (2) witnesses.
- Residency card.
- Refer the child to the specialized medical committee to estimate the age after putting a stamp by the court on the hand of the child whose age is to be assessed.
- Paying of the legal fee (6,000 Iraqi dinars).
- Submitting the file with the record to the judge to sign the birth evidence (based on the provisions of Articles (16, 17, and 18) of the amended Birth and Death Registration Law No. 148 of 1971).
When does a proof of birth document is required?
- when the child is born to parents who are married outside the court.
- The birth took place outside the hospital or was given by a midwife.
- If the birth took place inside the hospital, but the parents were late to issue the birth certificate.
Problems and Challenges:
- Is it permissible to issue a birth certificate based on the nationality certificate or passport?
The nationality certificate or passport will not be approved for the issuance of the birth certificate, as they do not contain the file and record number, and accordingly, only the civil status identity is approved.
- During displacement:
If the parents are displaced and have not had the opportunity to return to their area to register the child, they can get help from Legal Aid and Protection Centers. These centers assist the IDPs in legal matters, including matters related to registration, and are present in all governorates of Iraq. However, one must ensure that the child is registered before the deadline.
- Deceased or missing parents and birth certificate
In case the Delivery happened in a hospital, in addition to a copy of the civil status identity of both parents, the following documents must be obtained, depending on the case:
- If one of the parents is deceased, the death certificate must be included in the procedure.
- If one of the parents is missing, record declaring the person is considered missing must be included.
- Whereas if one of the parents is imprisoned, the person’s arrest warrant must be included.
Where can I get more information?
Some humanitarian actors provide free legal aid with housing, land, and property issues. For more information, please contact:
Iraq Information Center (IIC) Phone (toll-free): 80069999
Complaints and suggestions section of the International Rescue Committee: 07517354229
This page provides general information and should not be considered legal advice, if you have any question, please contact us through Facebook page private messages.