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This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Women’s & Children’s Rights
Uganda
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Birth Registration
Universal Coverage and Definition
Universal Coverage and Definition
Is birth registration or reporting available for children born to citizens residing abroad?
Yes
Recommended Practice based on International Guidelines
When a child is born to parents who are residing outside their country of citizenship, the country in which the birth occurred has an obligation to register the birth and issue a birth certificate. While the home country of the parents will not issue a new birth certificate, there should be a process by which the parents report the birth to the parents’ home country. This is important for purposes of establishing citizenship and receiving a passport for the child. The law should provide a process for citizens temporarily residing abroad to report the birth of a child to the registrar (or the passport agency). This is usually facilitated by a country’s embassies and consulates.
The law makes provision for the registration of births of children born outside Uganda where their parent or guardian is a citizen of Uganda. The notification can be done at a Uganda Mission or at other locations outside Uganda designated as registration centers by the National Identification and Registration Authority after consultation with the Minister responsible for foreign affairs.
Does the law specify the process and responsibilities for registering the birth of a child who was abandoned and whose parents are not known?
Yes
Recommended Practice based on International Guidelines
All births should be registered, including those of a foundling (a child who has been abandoned and whose parents are unknown.) Generally, the person or the head of the institution that assumes custody of the infant should be responsible for notifying the registrar of the birth. The person reporting the birth should provide: date and place of finding, sex, approximate birth date of child, name and address of person/institution reporting finding, name given to the child by the custodian of the child, and any other information requested by registrar. The entry should be marked as "foundling" (or similar) and information about parentage left blank. If child is later identified, the foundling registration should be voided and placed under seal
The Ugandan Constitution provides that a child of unknown parents found in Uganda who is under age five is presumed to be a citizen of Uganda by birth. The Registration of Persons Act states that any person who finds a child whose parents are unknown, or any person who is taking care of such a child, must immediately report the situation to the nearest police station or health center. The person in charge of that police station or health center is then responsible for notification of the child's particulars to the registration officer in the registration area where the child was found. The Registration of Persons Regulations set out a contradictory procedure, placing the responsibility to notify the birth on the person who finds a child whose parents are unknown or is taking care of such a child – after making a report at the police station nearest to where the child was found and obtaining a police report stating the circumstances.
Does the law clearly state the process for amending birth registrations in adoption cases?
No
Recommended Practice based on International Guidelines
Laws should contain clear provisions for amending the birth registration record in the case of adoption. Country laws vary regarding the legal requirements and arrangements for adoption. Many jurisdictions require that adoptions be kept confidential. Courts should be required to transmit adoption orders to the civil registrar.
If a child is adopted from a foreign country, most countries have a process by which the adoptive parents may apply for a domestic birth certificate.
The registration officer is required to maintain an adopted children register containing the particulars of adoptions made in terms of the Children Act, which covers both domestic adoptions and inter-country adoptions (limited to situations where a person who is not a citizen of Uganda is allowed to adopt a Ugandan child in exceptional circumstances). This register must contain the name of adopted child (as stated in the adoption order), the child’s sex, the full name, address and occupation of the adopter(s), the child’s date and country of birth, the date of the adoption order and a description of the court that issued it. The standard form for adoption orders directs the registrar of births and deaths to enter this information in the adopted children register. It also directs the registrar of births and deaths to mark the child’s birth entry in the register of births, as “adopted”. There are no other directions on amendments to the birth record of an adopted child, or on record-keeping in respect of adoptions of children born outside Uganda. However, the Act states that a child who has been entered in the register of births and issued with a birth certificate shall be issued with another birth certificate upon adoption – implying that the identification of the parents on the birth certificate is to be amended. The law does not make any specific provision for changing the name of a child in the course of an adoption, so the general name change procedures may apply (see question on Amendments).
If surrogacy is legal, is there a defined process to register the internationally recommended data for surrogate births?
No
Recommended Practice based on International Guidelines
The notification and registration of the birth should be as complete as possible including in States which permit surrogacy arrangements or [States of destination] which subsequently register the child in their national registries. Identifying information should include date and place of birth, the surrogate mother, intending parent(s) and information relating to persons providing human reproductive material if any. Medical clinics, providers and/or registries of human reproductive material should make all identifying information available to national registries.
There are two general processes for surrogacy. 1) the original birth registration record has the names of the intended parents (no amendment required). 2) the birth is registered under the name of the surrogate (gestational) mother, and then the birth registration record is amended, based on a court surrogacy decree, to have the names of the intended parents included.
