Annulment of birth certificate

During the state registration of acts of civil status, such cases often occur when erroneous data about citizens are entered into the documents or an authorized person abuses his official position and illegally registers the act.

In life, this gives rise to a situation where it is necessary to annul (cancel) such an act record because it should not have legal force and create any legal consequences for citizens due to its legal nullity.

However, not every person knows how to implement this issue in practice. This shows the relevance of consideration of the chosen topic for today.

Therefore, in this article, we will talk about the specifics of the procedure for canceling a birth certificate.

Who has the right to cancel a birth certificate?

The Ukrainian legislator has authorized the relevant departments of the Civil Status Registry at the place of their permanent storage to cancel civil status records.

That is, a person applies to the territorial department of the State Administrative Service of Ukraine with a corresponding application for annulment of the act record, and the latter must make a decision on its satisfaction or refusal.

In addition, diplomatic missions and consular institutions (in cases where a person permanently resides outside of Ukraine), judicial authorities are also authorized to cancel civil status records.

If there is a dispute among the interested parties regarding the annulment of the birth certificate, then in this case, this situation should be resolved only through the judicial authorities.

What is the procedure for applying and the terms of its consideration?

An application for the annulment of an acting record is submitted by a citizen to the territorial bodies of the DRATS at his permanent place of residence or stay, or at the final place of storage of the act record, which must be annulled (canceled).

Also, a citizen has the right to apply to the National Center for Social Security and Development with a corresponding application.

The following should be noted regarding the terms of consideration of the application. As a rule, the total term for solving the problematic issue of annulment of the act record of civil status should not exceed 90 days from the moment of receipt of the relevant documents.

However, this term can be extended if there are valid reasons for no more than 90 days. Important reasons include force majeure, natural disasters (floods, earthquakes), active hostilities, etc.

If the act records of civil status were transferred to the state archive for safekeeping and do not require a detailed check on the legality of their annulment, then in this case, the term of consideration of the application is no more than 15 working days.

If a diplomatic mission or a consular institution is dealing with the issue of annulment of an act record, then the term of consideration of the application is 6 months.

What package of documents should be submitted together with the application for annulment of the birth certificate?

• a copy of the certificate of state registration of acts of civil status, which must be annulled;
• evidence confirming the fact of entering false or illegal information in civil status records;
• the citizen’s explanation of why the act record of civil status was registered twice (applies to cases when the renewed or re-drawn act is annulled).

Pay attention! The DRATS authorities may additionally request the provision of other documents that confirm the need to cancel the deed entry for the interested person.

If you have any questions regarding the annulment of the birth certificate, in this case, you cannot do so without legal assistance from the Prikhodko and Partners Law Office.

Our specialists understand complex legal issues in various branches of law, and therefore are always ready to help the company’s clients in clarifying any legal nuances of this or that issue. Do not delay and contact us!