Court name: European Court of Human Rights
State: Spain
Date of decision:

The Court found a violation of Article 8, in a groundbreaking case regarding children’s right to a birth certificate. The applicant was born in Mexico and repatriated to Spain after an earthquake. Despite his mother’s attempts, his birth was not registered upon arrival in Spain as the necessary documentation had been destroyed by the earthquake in Mexico, and he was issued with an ID card only at 21. The Court found that, upon becoming aware of the situation, Spanish authorities were under a positive obligation to assist the applicant in obtaining documentation and the failure to do so resulted in a violation of Article 8 ECHR.

Court name: Supreme Administrative Court
State: Poland
Date of decision:

The applicant was born in the US, and his birth certificate indicated a Polish national as the father, and an unknown surrogate mother as the mother. Polish authorities refused to confirm the applicant acquired Polish nationality at birth as a child of a Polish parent, because the birth certificate is against the Polish public order, in particular the prohibition of surrogacy. The courts ruled in favour of the applicant, stating that confirmation of his Polish nationality on the basis of the birth certificate does not amount to validation of surrogacy.

Court name: Social Welfare Court Munich
State: Germany
Date of decision:

The plaintiff sought parental allowance for her daughter and the defendant rejected the demand due to insufficient prove of identity.The court determined that the plaintiff is entitled to a parental allowance. The Act on Parental Allowance and Parental Leave (Bundeselterngeld- und Elternzeitgesetz) does not provide for the exclusion of benefits in case of general doubts about the identity of the applicant.