Recommended Practice based on International Guidelines
While late and delayed reporting should be discouraged, the procedures should not be so restrictive as to prevent late and delayed reporting of events. Late registration (within 1-year grace period) can be permitted with notice of death or similar document. If such a notice is not available, the law may stipulate what alternative documentary evidence of fact of death may be accepted, such as affidavit from witness or record of burial or cremation. Declaration delayed by more than one year may require recourse to judicial procedures and decisions. However, to increase death registration rates, consideration should be given to creating a non-judicial procedure for delayed death declaration, with the provision of adequate documentation proving the fact of death.
Ghana
Legal Analysis
Neither the Registration of Births and Deaths Act nor its accompanying regulations specify any additional documents for late registration. However, in the case of late registration of death, Form 3 (notice of death) must be accompanied by an application for late registration (Form 21) which must include the name of the deceased, the date and place of death, the name of the deceased’s mother and father, and a phone number and national ID number for the mother, father or other relative.
Further, the instructions for late death registration on the Births and Deaths Registry website indicate that additional evidence is required in practice. The informant is required to bring “attestations” that support the death, including an attestation from the head of the family (and that person’s national ID), an attestation from the deceased’s next-of-kin (and that person’s national ID), and a joint attestation by two members of the deceased’s family, preferably one from the paternal family and one from the maternal family. The informant is also expected to provide evidence of the death, such as receipts from the morgue, an obituary, a photo of the tombstone or the funeral program. These documents are intended to inform the investigation by the Head Office that must take place before the death is registered.
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