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Born in Ukraine, or Why Registry Office is ready to "lose" in case against IDP woman

In February, 2001 the resident of Gorlovka in Donetsk region Svetlana* delivered the long-awaited daughter. The baby was born healthy in spite of the fact that its mother was HIV-positive: due to regular anti-retrovirus therapy the woman supports good health condition. Owing to military operations conducted near Gorlovka in the summer of 2015, Svetlana with the baby was forced to move to Kharkiv region quickly.

She had to make her way through numerous posts, fields and woods. When the mother and her baby settled down in the place of a new residence, they were registered as the persons moved from temporarily occupied territory of Ukraine and ATO areas. However, it appeared that the daughter’s birth certificate was damaged. But Svetlana could not apply for receiving it in the birthplace, as Gorlovka remained the occupied territory so far.

Svetlana addressed Chuhuiv human rights group. Lawyers of the organization explained that "The rules of the state civil registration in Ukraine" provide the following: if the original of the certificate on state registration of civil status act is stolen, lost, damaged or destroyed, the repeated issue of certificates is carried out by departments of the state civil registration on the basis of the birth record made in an electronic form or printed on paper.

Also they advised her to submit the corresponding statement for issue of a new birth certificate to the department of the state civil registration in the place of a new residence. However, the woman was refused, as there were no data on her child’s birth in the State Register of civil status acts.

Considering impossibility for the objective reasons to restore the certificate in accordance with the established procedure in bodies of civil registration, human rights activists prepared and filed the statement of claim in the relevant district court in the current place of Svetlana’s residence – to establish the fact of the child’s birth. The defendant in case is the local department of the state civil registration that, actually, call hardly be recognized as the violator, after all the problem situation that arose is caused by military operations and occupation of part of the territory of Eastern Ukraine.

It should be noted that employees of the Registry Office will be happy "to lose" in this case just to allow Svetlana’s daughter to receive the new birth certificate. Confirming the birth in Ukraine.

*Names are changed for ethical reasons.

Since July, 2015, Chuhuiv human rights group with the support of the UNDP realizes the "Raising Legal Awareness and Providing Legal Aid to IDPs Who Are Living with HIV in the territory of Kharkiv Region at the System Level" project.

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