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					Birth Registration in Thailand


               Karn Sermchaiwong
 Member of the Sub-Committee on Ethnic Problems
   of the National Human Rights Commission


             Presented at the LAC Workshop, Mae Sod
                           28 August 2008
      Benefit of Birth Registration
   A child’s personal status is recognized by the
    state that registers the birth of such person
   A child will get a document (birth certificate) to
    prove his/her identity
   Such document provide information on the
    child’s parents, place of birth and date of birth –
    essential for such child to prove his/her
    nationality in the future (not necessarily Thai
    Nationality)
               Birth Registration
    Civil Registration Act B.E. 2534 (1991)
    1.   A child born in Thailand & Father or Mother is
         Thai or migrant with legal status (permanent
         residential status or temporary residential status)
         must be registered at birth and get birth certificate
    2.   A child born in Thailand & both parents are illegal
         migrants is not entitled to get birth certificate
    Amendment No. 2, B.E. 2551 (2008)
        Every child born in Thailand must be registered at
         birth and get birth certificate
               1. Either father/mother is Thai or
              migrant with legal status in Thailand

                                      A child born in Thailand


          Delivery outside hospital                                     Delivery at a hospital



                           Head of village                         Issue Delivery Certificate

                    Issue document recognizing
15 days                   birth notification



                                      Notify birth to Civil Registrar

                         Civil registrar registers birth & issues Birth Certificate
             2. Father & mother are illegal migrants

                                      A child born in Thailand


          Delivery outside hospital                                     Delivery at a hospital



                           Head of village                         Issue Delivery Certificate

                    Issue document recognizing
15 days                   birth notification



                                      Notify birth to Civil Registrar

                         Civil registrar registers birth & issues Birth Certificate
 2a. Father & mother are illegal migrants
     (refugees from Burma in camps)

                            A child born in Thailand


Delivery outside hospital                                Delivery at a hospital



 Delivery at a clinic in camp                          Issue Delivery Certificate

 The Clinic issues Delivery
     Certificate (DR)


Submit DR to Civil Registrar

 Civil registrar signs in the
    Delivery Certificate
      The effect of the Civil Registration Act
      (Amendment No. 2) B.E. 2551 (2008)

Section 16 – Birth registration and the issuance of birth certificate
   for children born to migrants in Thailand including those with
   illegal status (Revised Section 20 of the 1991 CRA)
Section 17 – the issuance of delivery certificate (by civil registrar)
   for children born in Thailand but has no right to obtain birth
   certificate (Add Section 20/1 to the 1991 CRA)
Section 14 – Birth Registration process for a neglected newborn or
   baby (Revised Section 19 of the 1991 CRA)
Section 15 – Birth Registration process for street children, children
   with an unknown parent and abandoned children (Add Section
   19/1 to the 1991 CRA)
                  Father or Mother is Thai or
              migrant with legal status in Thailand

                                  Every child born in Thailand


          Delivery outside hospital                                     Delivery at a hospital



                           Head of village                         Issue Delivery Certificate

                    Issue document recognizing
15 days                   birth notification



                                      Notify birth to Civil Registrar

                         Civil registrar registers birth & issues Birth Certificate
             Father & mother are illegal migrants
          (including refugees in camps in Thailand)

                                  Every child born in Thailand


          Delivery outside hospital                                     Delivery at a hospital



                           Head of village                         Issue Delivery Certificate

                    Issue document recognizing
15 days                   birth notification

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

                                      Notify birth to Civil Registrar

                         Civil registrar registers birth & issues Birth Certificate
Possible Birth Registration System in Camps

                           Every child born in Thailand


 Delivery outside hospital                                      Delivery at a hospital



         Delivery takes place at the clinic                 Issue Delivery Certificate

            The clinic issues delivery
                   certificate

        15 days

                              Notify birth to Civil Registrar

                  Civil registrar registers birth & issues Birth Certificate
       What happen to children born
        prior to August 23, 2008 ?
   The 2008 Civil Registration Act (Amendment No. 2)
    has no retroactive effect for children born to illegal
    migrants prior to August 23, 2008
   Children born to illegal migrants cannot get birth
    certificate
   They must get delivery certificate issued by hospital or
    clinic in refugee camps
   Children with no delivery certificate should request
    delivery certificate from the district office (no guarantee
    that they will get it) to be deleted - Not possible to get
    Deliver Certificate according to Section 20/1 (Tor Ror
    20/1)
                                       23 August 2008

Either Father or Mother = Thai /              Either Father or Mother = Thai /
Migrant + Legal Status                        Migrant + Legal Status

Born at a hospital = DC + BC                    Born at a hospital = DC + BC


Born outside hospital = BC                      Born outside hospital = BC




Father and Mother = Illegal Migrants          Father and Mother = Illegal Migrants

Born at a hospital = DC                          Born at a hospital = DC + BC

Born outside hospital =                          Born outside hospital = BC

Born at a clinic in camp = DC                    Born at a clinic in camp = DC + BC?
              Recommendations
    Meeting between Ministry of Interior &
     UNHCR, NGOs, CBOs, Camp Committees
     of 9 camps
    1.   MOI to present the effect of the Civil Registration
         Act (Amendment No. 2) B.E. 2551 (2008)
    2.   Discussion on birth registration for children born
         to refugees in camps according to the above Act

				
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