Applying for a birth certificate - procedure

1119

Follow this procedure when determining if a child has a birth certificate, supporting a parent to obtain a birth certificate for their child, or applying for a birth certificate on behalf of a child in care.
Document ID number 1119, version 3, 23 March 2022.

Introduction

This procedure is relevant to all children in relation to whom child protection has substantiated protective concerns.

It is very important that every child has their birth registered and their parents and carers have access to a birth certificate.

If when discussing birth certificates with parents it is discovered a child’s birth is not registered, Child Protection should refer to the procedure Registering a child’s birth for tasks to follow.

For children living at home with a permanency objective of family preservation, or in care with a permanency objective of family reunification, where parents do not already have a birth certificate for their child, Child Protection is to support, or arrange support for, parents to apply to Births, Deaths and Marriages Victoria for a birth certificate.

For children who are in care for 21 days under any order, Child Protection is also to apply to Births, Deaths and Marriages Victoria within 30 days for a copy of the child’s birth certificate to be retained on the child’s Child Protection file.

See Birth certificates - advice for further information.

Procedure

Case practitioner tasks

For children where the permanency objective is family preservation or reunification

Establish whether the parents have a birth certificate for the child. Ask during the investigation phase where appropriate in the circumstances. If not, ask during the development of the first case plan. Wherever possible, sight the child’s birth certificate.
Record on CRIS the parent’s response and whether the birth certificate was sighted.
If the parents indicate they do not have a birth certificate for the child, ask the parents if the child’s birth was registered.
If a parent advises their child’s birth was not registered, support, or arrange support for the parents, to register their child’s birth as soon as practicable. See Registering a child’s birth – procedure for tasks to follow.
If a parent confirms the child’s birth was registered but they do not have a certificate or have lost their copy, explain that birth certificates are important identity documents and, if needed, support, or arrange support for the parents to make an application for a certificate from the Registry of Births, Deaths and Marriages (known as BDM). Applications can be made online, in person, or via mail, and carry a small cost.

Where other services are involved, such as a family service, establish which service will take responsibility for supporting the parent to apply for a birth certificate.

Once the parents have obtained a birth certificate, update CRIS.

When a child enters care

Check whether Child Protection has a copy of the child’s birth certificate on file
If not, and the child remains in care for 21 days apply for a birth certificate for the child within the following 30 days. Do this even when the permanency objective is family reunification.

Child Protection, the Kinship Engagement team if involved, or the Aboriginal Child in Aboriginal Care (ACAC) program may make the application for a copy of the birth certificate of a child in care. Neither a carer nor a contracted case manager within a Community Service Organisation (CSO) or Aboriginal Community Controlled Organisation (ACCO) is to apply for a copy of a birth certificate for a child in care.

Check the child’s name and date of birth and the mother’s name and date of birth are recorded correctly on CRIS. This information will be required for the application.
Make an application for a birth certificate to the Registry of Births, Deaths and Marriages Victoria (BDM) using its online service and include details on the steps taken by Child Protection to engage the parents in this process.
As part of the application you will be asked to select your relationship to the child. From the drop-down menu select ‘authorised third party.’
Attach a copy of the child’s court order to the application.
Attach a covering letter (using the BDM letter template for birth registration and birth certificates, on letterhead) signed by a team manager or above to the application.
Pay the application fee using a procurement card. Administrative staff can assist with this process.
Record in CRIS that the application has been made.

If you are experiencing any difficulties with the online application process, contact BDM for advice and support. Contact details for use by Child Protection can be found in the BDM contact details document in forms and secure documents.

When the birth certificate is received record the details in the National ID section of CRIS and upload a copy of the birth certificate.
Keep the birth certificate issued to Child Protection in the child’s paper file. When the case is closed, it is to be retained by Child Protection (noting exceptions below).
Provide an agency supporting a kinship, foster or leaving care placement with a certified copy of the birth certificate where required. The agency can provide this copy to the child’s carer as required, noting it must be retrieved by the agency when the placement ends.

Agencies are responsible for returning the copy to Child Protection when the agency is no longer providing a placement for the child.

Provide the carer, where no care agency is involved, with a certified copy of the birth certificate as required. Long-term carers should receive a certified copy as standard practice.
Arrange for the return of the certified copy of a birth certificate from a carer when a placement ends and the carer ceases care for the child.

The decision to provide an agency or carer with a certified copy of a birth certificate should be made on a case-by-case basis and in consultation with your supervisor. The agency or carer, apart from a permanent carer after a permanent care order is made, should not be provided with the original certificate issued to Child Protection.

Where a child returns to parental care (including when the case is closed), retain the copy of the birth certificate issued to Child Protection by BDM on the child’s paper file, except as follows
- Where a child is placed on a permanent care order, provide the copy of the birth certificate on the child’s file to the child’s permanent care parents when closing the case.
- If a child for whom the Secretary has parental responsibility transitions to independent living upon leaving care, give the copy of the birth certificate on the child’s file to the young person when closing the case.

Children born interstate or overseas

For a child born in another Australian state or territory, make an application to the Registry of Births, Deaths and Marriages in the relevant state or territory. A list of state and territory registries is available at the Australian Government information and services website.
If a child was born overseas a birth certificate will not be able to be issued in Australia and may be difficult to obtain. In this instance take the following steps:
- Make sure the child has relevant identity documents that can be used in place of a birth certificate for things such as enrolling a child at school. Identity documents can include a passport or citizenship certificate.
- Speak to the child’s parents about obtaining certified copies of proof of identity documents.
- Document on CRIS why a birth certificate was not able to be obtained.

Supervisor tasks

Support the child protection practitioner to:
- assist parents who do not have one to obtain a birth certificate for their child
- apply for a birth certificate within 30 days for each child who has been in care for 21 days

Team manager tasks

Confirm proper CRIS records are kept for each child regarding their birth certificate and that certificates obtained for children in care are held on the child’s file (including where the child returns to parental care and the case is closed) or provided to a permanent care parent under a permanent care order, or to a young person leaving care at 18.
Sign the covering letter to BDM required when Child Protection is applying for a birth certificate for a child and clarify this includes detail on the steps taken by Child Protection to engage the parents to the BDM Registry.

Related procedures

Registering a child's birth - procedure

Additional information