Article 7: Name, nationality and birth registration

Convention text

1.

A child must be registered immediately after birth and has the right from birth to a name, the right to a nationality, and, as far as possible, the right to know and be cared for by their parents.

2.

The countries that have signed the Convention must ensure that these rights are implemented in accordance with their national law and their international obligations, in particular where the child would otherwise be stateless.

Key point

Every child has the right from birth to a name and a nationality. Every child also has the right to know who their parents are and to be cared for by them.

Why are birth registration, nationality and growing up with parents so important?

Article 7 ensures that a child is officially recognised by the authorities and acquires a nationality. It also establishes that children have the right to know who their parents are and to grow up with them. But why is it so important to put this in place? You can read more about that below.

Birth registration

Every child has the right to be registered in an official government register after birth. In the Netherlands, parents must register their child. The child is then recorded in the Personal Records Database (Basisregistratie Personen) and receives a birth certificate, the official record of birth. This certificate also includes the child’s name and nationality. Parents give their child a given name and a family name (surname). The family name is that of the mother, the father, or both.

This registration is an important step, as it ensures that a child is officially recognised as a resident of a country. The child’s name is formally recorded, together with the identity of their parents. In some parts of the world, registering a child’s birth is not self-evident. Children without a birth certificate are therefore not officially recognised by the authorities. They do not have documents to prove who they are. This can cause problems, for example when enrolling in school or when medical care is needed.

Nationality

A child also has the right to a nationality, meaning that they belong to a particular nation (country). A child’s nationality depends on the laws of the country where the child is born and the laws of the parents’ country. In some countries, children acquire the nationality of the country in which they are born; in others, they acquire the nationality of their parents. This means that a child may have two nationalities. For example, if you are born in Canada, you acquire Canadian nationality. If your parents are Dutch, you also acquire Dutch nationality. Canada determines nationality based on place of birth, while the Netherlands determines it based on the nationality of the parents.

Having a nationality is an important right for every child, because without one a child is stateless. If a child is stateless, no government is obliged to recognise them as a citizen or to protect their rights.

Growing up with parents

Children usually grow up with their parents, but this is not always possible. For example, this may be the case if parents are separated, or if children live in foster care or have been adopted. In such situations, children still have the right to know who their parents are. This also applies to children conceived by donors. A donor is someone who provides sperm or an egg to people who are unable to have a child together. A child born in this way is referred to as a donor-conceived child. Donor-conceived children do not grow up with their donor, but they do have the right to know who that person is.

General Comment

General Comment No. 7 on the Convention provides more information on children’s rights in early childhood.