What if you don't have a birth certificate?
A birth certificate is an official document that proves where and when you were born. It's important for your identity, nationality, and marital status. You also need it for all sorts of things, such as getting married, becoming a Belgian citizen, or filing a lawsuit in the Family Court.
But what if you don't have your birth certificate (anymore), for example, because you lost it or because one was never issued? This can cause quite a few problems.
Fortunately, Belgian law offers solutions. You can request a certificate of notoriety or have a replacement issued. In this Wanted Fact, you'll learn about the available options and how these procedures work.
Act of notoriety
The first option is the "certificate of notoriety." Belgian law stipulates that you can go to the Justice of the Peace if you cannot provide a birth certificate.
For this, two people must testify about your name, occupation, address, place of birth, date of birth, and why you do not have a birth certificate. If possible, they will also provide information about your parents.
The Justice of the Peace will then draw up a certificate, which must then be ratified by the Family Court. The Justice of the Peace will then transfer the certificate of notoriety to the Family Court. After the Public Prosecutor has issued an opinion, the Family Court will ratify the certificate of notoriety.
However, this procedure can present certain challenges. For example, the witnesses must be reliable. This is a vague criterion that is sometimes difficult to meet. The Justice of the Peace may, for example, doubt the reliability of your parents as witnesses.
In addition, this procedure is more complex and slower, as the Family Court must still ratify the certificate of notoriety after the Justice of the Peace has issued it.
Replacement birth certificate
If the option of obtaining a birth certificate is not possible, for example, because you lack two objective witnesses, you can go directly to the Family Court to request a ruling that replaces your birth certificate. The Family Court can allow you to submit a sworn statement to the registrar.
The procedure for obtaining a replacement birth certificate is quite simple, but can be lengthy. It's best to allow one year for this entire procedure. First, you must file a petition with the Family Court explaining why your original birth certificate is unavailable. You may use any type of evidence, such as written documents, witnesses, or presumptions.
The Public Prosecution Service will then review your file and issue a recommendation to the Court. This step can take some time. Sometimes the Public Prosecution Service will call in the police to question you or people close to you. Once the Public Prosecution Service has communicated its recommendation to the Family Court, a hearing date will be set for the case. If your request for a replacement birth certificate is granted, the Family Court will instruct the clerk of the court to send all necessary information to the registrar. The registrar will then immediately issue a replacement birth certificate.
Do you have questions about which procedure best suits your situation, or do you wish to initiate a procedure?
Please feel free to contact Wanted Law, we are happy to help you!