Preventing Infant 'Abandonment and Neglect'... Supreme Court Discusses Expanding Birth Registration Obligations

Supreme Court Administrative Office Initiates Study on 'Birth Registration System Improvement Measures'... Analysis of 'Universal Birth Registration System'

[Asia Economy Reporter Baek Kyunghwan] It has been confirmed that the Supreme Court is currently discussing a plan to assign the obligation of birth registration, which is currently entrusted only to parents, to medical institutions and others. This measure aims to prevent situations where children are abandoned, neglected, or die without any records, only to be confirmed afterward. Although demands for related legal amendments have persisted for years, recently, the body of a baby whose birth was not registered was found in a refrigerator in Yeosu, Jeollanam-do.

According to the legal community on the 5th, the Supreme Court’s Judicial Administration Office has recently begun discussions to expand the scope of persons obligated to report a child's birth. The main focus is to identify the problems of the current birth registration system, including the need to amend the "Act on the Registration of Family Relations (Family Relations Registration Act)."

Under the current Family Relations Registration Act, "the birth of a child born within marriage must be reported by the father or mother," and "the birth of a child born out of wedlock must be reported by the mother." Only when the parents who should report cannot do so or when there is a concern that the child's welfare may be at risk can someone other than the parents report, but this applies only in cases where an unregistered child is discovered.

If a birth is not registered, the child cannot receive essential vaccinations, infant health checkups, or state support systems such as child allowances. This is not merely a matter of missing out on benefits but also means being excluded from the state's protection system. Since the child does not exist on official documents, it is impossible to detect abandonment or neglect in advance through essential vaccinations and other measures.

There was an opportunity to prevent the recent case of a baby’s body being abandoned in Yeosu, Jeollanam-do. The baby, who was abandoned in a refrigerator for two years, was one of twins whose births were not registered. If the birth had been reported immediately, the relevant institution might have investigated the case due to the prolonged absence of state support.

Accordingly, the Supreme Court has decided to analyze the problems of the current birth registration system in detail. The effectiveness of assigning the obligation to notify birth facts not only to parents but also to medical institutions will also be discussed.

The process of the National Human Rights Commission’s 2017 recommendation to the Minister of Justice and the Chief Justice of the Supreme Court to amend the Family Relations Registration Act will also be reviewed. At that time, the Human Rights Commission pointed out, "Because the existence of the child is not publicly recognized, there is a high possibility of exposure to physical, mental, and sexual violence by parents or those around them," and "Even if the child suffers more serious crimes, it is difficult for the state to recognize such situations unless they are discovered by chance."

Foreign cases will also be examined. This involves understanding the process of changes in birth registration systems in those countries and the strengths and weaknesses of each system. In most states in the United States and in Canada, hospitals and other institutions where children are born are obligated to submit birth certificates containing birth information to local identity registration officers. Similarly, in the United Kingdom, when a child is born in a hospital, a medical insurance number is issued through the hospital’s registration system, allowing the state to collect information about the child first.

The possibility of applying the "universal birth registration system," which has been discussed several times domestically, will also be analyzed. This system enables the state to immediately recognize newborn children. The "Committee for Legal Improvement for Inclusive Family Culture" under the Ministry of Justice also recommended the prompt introduction of a "birth notification system," whereby hospitals and other medical institutions notify the state of births, in May last year.

A lawyer in Seocho-dong said, "Last year, the Supreme Court recognized the 'right to birth registration' immediately upon birth for children born as citizens of the Republic of Korea," adding, "As social problems related to the current birth registration system continue to occur repeatedly and calls for amendments grow louder, it is now time for the legislative body to actively step forward based on research data and recommendations from the Supreme Court and related institutions."

This content was produced with the assistance of AI translation services.