Birth Registration in Thailand

Birth Registration in Birth Registration in ThailandThailand

Karn SermchaiwongKarn SermchaiwongMember of the Sub-Committee on Member of the Sub-Committee on Ethnic Problems of the National Ethnic Problems of the National

Human Rights CommissionHuman Rights Commission

Presented at the LAC Workshop, Mae SodPresented at the LAC Workshop, Mae Sod28 August 200828 August 2008

Benefit of Birth Benefit of Birth RegistrationRegistration

A child’s personal status is recognized A child’s personal status is recognized by the state that registers the birth of by the state that registers the birth of such personsuch person

A child will get a document (birth A child will get a document (birth certificate) to prove his/her identitycertificate) to prove his/her identity

Such document provide information on Such document provide information on the child’s parents, place of birth and the child’s parents, place of birth and date of birth – essential for such child to date of birth – essential for such child to prove his/her nationality in the future prove his/her nationality in the future (not necessarily Thai Nationality)(not necessarily Thai Nationality)

Birth RegistrationBirth Registration Civil Registration Act B.E. 2534 (1991)Civil Registration Act B.E. 2534 (1991)

1.1. A child born in Thailand & Father or Mother A child born in Thailand & Father or Mother is Thai or migrant with legal status is Thai or migrant with legal status (permanent residential status or temporary (permanent residential status or temporary residential status) must be registered at residential status) must be registered at birth and get birth certificatebirth and get birth certificate

2.2. A child born in Thailand & both parents are A child born in Thailand & both parents are illegal migrants is not entitled to get birth illegal migrants is not entitled to get birth certificatecertificate

Amendment No. 2, B.E. 2551 (2008)Amendment No. 2, B.E. 2551 (2008) Every child born in Thailand must be Every child born in Thailand must be

registered at birth and get birth certificateregistered at birth and get birth certificate

1. Either father/mother is Thai or 1. Either father/mother is Thai or migrant with legal status in migrant with legal status in

ThailandThailand

A child born in Thailand

Delivery outside hospital

Delivery at a hospital

Notify birth to Civil Registrar

Civil registrar registers birth & issues Birth Certificate

Head of village

Issue document recognizing birth

notification

Issue Delivery Certificate

15 days

2. Father & mother are illegal 2. Father & mother are illegal migrantsmigrants






Head of village


notification


15 days

2a. Father & mother are illegal 2a. Father & mother are illegal migrants (refugees from Burma in migrants (refugees from Burma in

camps)camps)




Submit DR to Civil Registrar

Civil registrar signs in the Delivery Certificate


Delivery at a clinic in camp

The Clinic issues Delivery Certificate (DR)

The effect of the Civil Registration The effect of the Civil Registration Act (Amendment No. 2) B.E. 2551 Act (Amendment No. 2) B.E. 2551

(2008)(2008)

Section 16 – Birth registration and the issuance of birth Section 16 – Birth registration and the issuance of birth certificate for children born to migrants in Thailand certificate for children born to migrants in Thailand including those with illegal status (Revised Section 20 of including those with illegal status (Revised Section 20 of the 1991 CRA)the 1991 CRA)

Section 17 – the issuance of delivery certificate (by civil Section 17 – the issuance of delivery certificate (by civil registrar) for children born in Thailand but has no right registrar) for children born in Thailand but has no right to obtain birth certificate (Add Section 20/1 to the 1991 to obtain birth certificate (Add Section 20/1 to the 1991 CRA)CRA)

Section 14 – Birth Registration process for a neglected Section 14 – Birth Registration process for a neglected newborn or baby (Revised Section 19 of the 1991 CRA)newborn or baby (Revised Section 19 of the 1991 CRA)

Section 15 – Birth Registration process for street children, Section 15 – Birth Registration process for street children, children with an unknown parent and abandoned children with an unknown parent and abandoned children (Add Section 19/1 to the 1991 CRA)children (Add Section 19/1 to the 1991 CRA)

Father or Mother is Thai or Father or Mother is Thai or migrant with legal status in migrant with legal status in

ThailandThailand

Every child born in Thailand





Head of village


notification


15 days

Father & mother are illegal Father & mother are illegal migrants (including refugees in migrants (including refugees in

camps in Thailand)camps in Thailand)






Head of village


notification


15 days

Fear of Arrest due to Illegal Status of Illegal Migrants Outside Refugee Camps

Possible Birth Registration System Possible Birth Registration System in Campsin Camps






Delivery takes place at the clinic

The clinic issues delivery certificate


15 days

What happen to children What happen to children born born

prior to August 23, 2008 ?prior to August 23, 2008 ? The 2008 Civil Registration Act (Amendment No. The 2008 Civil Registration Act (Amendment No.

2) has no retroactive effect for children born to 2) has no retroactive effect for children born to illegal migrants prior to August 23, 2008illegal migrants prior to August 23, 2008

Children born to illegal migrants cannot get Children born to illegal migrants cannot get birth certificatebirth certificate

They must get delivery certificate issued by They must get delivery certificate issued by hospital or clinic in refugee campshospital or clinic in refugee camps

Children with no delivery certificate should Children with no delivery certificate should request delivery certificate from the district request delivery certificate from the district office (no guarantee that they will get it) to be office (no guarantee that they will get it) to be deleted - deleted - Not possible to get Deliver Certificate Not possible to get Deliver Certificate according to Section 20/1 (Tor Ror 20/1)according to Section 20/1 (Tor Ror 20/1)

Either Father or Mother = Thai / Migrant + Legal Status

Either Father or Mother = Thai / Migrant + Legal Status

Father and Mother = Illegal Migrants

Father and Mother = Illegal Migrants

Born at a hospital = DC + BC

Born outside hospital = BC

23 August 2008

Born at a hospital = DC

Born outside hospital =

Born at a clinic in camp = DC





Born at a clinic in camp = DC + BC?

RecommendationsRecommendations

Meeting between Ministry of Meeting between Ministry of Interior & UNHCR, NGOs, CBOs, Interior & UNHCR, NGOs, CBOs, Camp Committees of 9 campsCamp Committees of 9 camps

1.1. MOI to present the effect of the Civil MOI to present the effect of the Civil Registration Act (Amendment No. 2) Registration Act (Amendment No. 2) B.E. 2551 (2008)B.E. 2551 (2008)

2.2. Discussion on birth registration for Discussion on birth registration for children born to refugees in camps children born to refugees in camps according to the above Actaccording to the above Act

Birth Registration in Thailand

Documents

Transcript of Birth Registration in Thailand