Hungary: Birth certificates, including security features and issuing authority; information on the meaning of "Place of Origin" on the certificate (2006-April 2015)

1. Acquiring a Birth Certificate in Hungary

A 2008 comparative study on the civil status procedures of European Union (EU) member states, produced for the European Commission by von Freyhold, Vial & Partner Consultants [1], states the following regarding birth registration in Hungary:

[t]he birth of a child has to be reported to the registrar of the municipality or district where the birth has taken place on the first working day following the day of birth. If the birth took place outside an institution and without medical assistance, there is an extension of up to eight days. There is no legal provision concerning the consequences of a delayed declaration.

Birth at an institution (hospital, maternity home, social welfare home or another health institute) is reported by the head of the institution, birth outside an institution is to be reported by the parents as well as by the doctor assisting the birth. Birth is proven by the certificate issued by the doctor. In case of birth occurring in Hungary to resident foreigners or non-resident foreigners the registration procedure may be started by either the parents or the foreign consular office. After the report, the registrar is obliged to record the birth without delay. (von Freyhold Oct. 2008, 205)

The 2008 EU comparative study states that "[t]he birth certificate is the document issued by the registrar which certifies the birth and is an extract from the register" (von Freyhold Oct. 2008, 207). According to the US Department of State's "Hungary Reciprocity Schedule," individuals apply for birth certificates at "the district or city Vital Statistics Records Office (Polgarmesteri Hivatal, Anyakonyvi Hivatal)" at the location where the birth occurred (US n.d.). The same source states that it takes between two weeks and one month for people within Hungary to obtain "documents and records" (ibid.).

The Human Resources Office of the Central European University (CEU), a graduate-level English-language university in Budapest, which is accredited in the US and Hungary and has students and faculty members from over 130 countries (CEU n.d.a), similarly states that birth certificates in Hungary are "issued by the local municipality's registry office (Anyakönyvi Hivatal)" (CEU n.d.b).

The CEU further states that

[m]ost of the time [the required documents] are taken to the registry office by the hospital, but it is strongly advised to check this with the hospital.

The record office issues a temporary birth certificate which doesn't contain any data regarding the citizenship.

30 days later the registry office issues the birth certificate according to the citizenship document. (ibid.)

In correspondence with the Research Directorate, an official at the Embassy of Hungary in Ottawa provided the following information, which was obtained from Hungary's Office of Immigration and Nationality (OIN), [translation] "[i]mmediately following the birth, a birth-register extract is sent free of charge to the parents. This is either forwarded to the hospital or sent by mail, or the parents go to receive it in person or authorize someone to do so" (Hungary 22 Apr. 2015). The same source states further that [translation] "[t]his is not uniform" across the country (ibid.).

The Hungarian Helsinki Committee, a civil society organization that monitors human rights practices and legislation in Hungary (n.d.), provides the following summary of the Hungarian birth registration system in a 2014 report on the prevalence of statelessness at birth in Hungary:

All children born in Hungary shall be registered at birth;

The fact of birth shall be announced within one day of the delivery to the civil registry authority by the head of the hospital where the birth took place; or the specifically trained medical person assisting the birth, if it took place outside a hospital;

The civil registration authority shall examine the child's nationality at birth;

If the child's nationality or statelessness is not proven, "unknown nationality" shall be noted in the civil registry (and on the birth certificate, as a remark);

There are no specific rules in place regarding birth registration or the establishment of nationality in case of children born to refugees or other beneficiaries of international protection. (Hungarian Helsinki Committee Jan. 2014, 8)

The same source further states that the establishment of nationality in Hungary coincides with the birth registration and "[d]ue to these rules, children born to non-Hungarian parents are regularly registered at birth as being of unknown nationality" (ibid. 8, 9). Corroborating information on the rules for registering the birth of children born to refugees could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The 2008 EU comparative study states that there are 3,157 registry offices in Hungary, one in each of the 3,134 municipalities and the 23 districts of Budapest (von Freyhold Oct. 2008, 202). The study further states that the offices are under the management of the local mayors and national monitoring falls under the Ministry of the Interior (ibid.). The registrars are civil servants who are responsible for producing the "certificates of births, marriages, and deaths which have occurred in [their] district" (ibid.). There is a special register "in the town hall of Budapest" that records births, marriages and deaths of Hungarian citizens that are abroad, as well as stateless persons residing in Hungary (ibid.).

The same source states that the Birth Declaration includes the following information:

date of registration;

the place and date of the child's birth;

the place of origin of the child;

the first name and the family name of the child;

the gender of the child;

nationality, citizenship, statelessness or unknown citizenship of the parents and the child;

the personal identification code of the child;

the first name and the family name of the parents at birth, their place of birth, their personal identification code, or the lack of it, their date of birth, their residence;

marriage date of the parents and duration of marriage;

multiple birth or singleton, birth order, if multiple;

pregnancy duration;

medical assistance at the delivery;

length at birth;

APGAR score - i.e. the outcome of a test on Activity (muscle tone), Pulse, Grimace (reflex, irritability), Appearance (skin colour) and Respiration performed one and five minutes after birth…;

the language of both parents; and

live or stillbirth. (ibid., 206)

The EU comparative study further states that the following documents and information are to be presented for the birth registration:

medical birth certificate;

certificate on the Hungarian citizenship of the parents, or foreign passport;

marriage certificate of the parents or its copy, if married;

full force declaration of the father on the acknowledgement of paternity if the child was born out of wedlock, if available;

personal identification code of the parents;

maiden family name of the mother;

place of origin of the child; and

foreign birth certificate with authenticated Hungarian translation if a birth that has occurred abroad is to be registered (ibid., 206-207).

According to the US "Hungary Reciprocity Schedule," people outside Hungary can obtain documents, such as birth certificates, through a Hungarian embassy or consulate, but it may take up to six months (US n.d.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Features of Hungarian Birth Certificates

In regards to registering overseas births, the US Embassy in Budapest states that all Hungarian birth certificates issued after 1 March 2006 are "trilingual, so there is no translation needed" (US 9 Aug. 2012). Additional sources state that the additional languages included on the birth certificates are English and French (Budapest 23 Apr. 2015; Hungary 22 Apr. 2015).

The 2008 EU comparative study indicates that the birth certificate includes the following information:

the child's first name, surname, sex, PIN, date and place of birth;

singleton or multiple birth;

first name, surname, place of birth and residence of the parents (designation of foreign nationality, where applicable);

PIN of the parents (if unavailable, the date of birth);

the number of the act;

the name of the commune and the department; and

the seal, name and the signature of the registrar (207).

According to the information from the OIN, birth certificates

[translation]

have a uniform presentation throughout the country. The form is identical, the personal information must be added by using an identical printer containing an identical cartridge, and the registrar may sign the form with an identical pen. Forms are produced in only one place ... and only agencies that are designated in the legislation pertaining to the registers of births, deaths and marriage may purchase the product. (Hungary 22 Apr. 2015)

The same source further stated that there are several security features on the birth certificate, including a visible watermark, as well as security features that are visible only under UV light (ibid.). In correspondence with the Research Directorate, a registrar from the Budapest district of Újpest similarly stated that security features include "UV ink" (Budapest 23 Apr. 2015). Further and corroborating information on the contents, standardization, and/or security features of Hungarian birth certificates could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Meaning of "Place of Origin"

According to the 2008 EU comparative study, the difference between the "place of birth" and the "place of origin" when registering the birth of a child in Hungary is that the "place of birth" is the "village, town or Budapest district where the child was born," whereas the "place of origin" is

the place of residence of the mother as indicated in her declaration, unless the mother is unknown or the father disputes the declaration of the mother, or where a mother disagrees with the guardian over his declaration on her behalf, in which case [a] decision shall be made by the notary competent at the place of birth. (von Freyhold Oct. 2008, 206).

The US "Hungary Reciprocity Schedule" notes that for birth certificates of children adopted by foreigners in Hungary, the "place of origin" indicates the residence of the adoptive mother (US n.d.). According to the information from the OIN, the place of origin [translation] "is the reported place of residence or place of temporary residence of the mother - as selected by her - at the time of birth of the child" (Hungary 22 Apr. 2015). The same source indicated that this information does not appear elsewhere, such as on passports (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] According to their website, von Freyhold, Vial & Partner Consultants provides "in depth studies on all matters related to legal practice and law in action, with particular emphasis on international and procedural aspects" (von Freyhold, Vial & Partner Consultants n.d.).

References

Budapest. 23 April 2015. Újpest District. Correspondence from a registrar to the Research Directorate.

Central European University (CEU). N.d.a. "About CEU." [Accessed 20 Apr. 2015]

_____. N.d.b. Human Resources Office. "Birth Registration." [Accessed 20 Apr. 2015]

Hungarian Helsinki Committee. January 2014. Gabor Gyulai. Nationality Unknown? An Overview of the Safeguards and Gaps Related to the Prevention of Statelessness at Birth in Hungary. [Accessed 20 Apr. 2015]

_____. N.d. "History." [Accessed 20 Apr. 2015]

Hungary. 22 April 2015. Embassy of Hungary in Ottawa. Correspondence from an official to the Research Directorate.

United States (US). 9 August 2012. Embassy of the United States in Budapest, Hungary. "Registering Overseas Birth of a US Citizen." [Accessed 20 Apr. 2015]

_____. N.d. Department of State. "Hungary Reciprocity Schedule." [Accessed 21 Apr. 2015]

Von Freyhold, Vial & Partner Consultants. October 2008. Dr. Birgit Feldtmann, Hanno v. Freyhold, Dr. Enzo L. Vial and Oliver Buhler. Facilitating Life Events: Part 1: Country Reports. [Accessed 20 Apr. 2015]

_____. N.d. "The Idea." [Accessed 20 Apr. 2015]

Additional Sources Consulted

Oral sources: The following were unable to provide information within the time constraints of this Response: Hungarian Helsinki Committee.

Attempts to contact the following were unsuccessful within the time constraints of this Response: Hungary - Embassy of Hungary in Washington, DC.

Internet sites, including: Budapest - Municipality of Budapest; ecoi.net; Expat-Center Hungary; Expat World; Factiva; Hungary - Embassies in Washington, DC, Ottawa, and London, Ministry of the Interior; Keesing Reference Systems; United Nations - Refworld.