외국인아동의 출생등록될 권리의 보편적·실효적 보장을 위한 추가 개선 방안

Additional Reform Measures for the Universal and Effective Guarantee of Non-National Children’s Right to Birth Registration

Although the 2023 implementation of the Birth Notification system improved the Birth Registration framework for Korean nationals, its effect does not extend to non-national children, who remain outside the scope of the Family Relationship Registration Act. If the same legal standards are applied to non-national children, those whose parents cannot provide valid identification or marriage certificates may face rejected or delayed registrations, undermining the effective guarantee of their right to Birth Registration. This paper critically examines the special legislative bills on Birth Registration for non-national children currently before the 22nd National Assembly. It highlights the shortcomings of directly extending existing legal provisions without considering the unique legal and practical conditions of non-national families. Requirements such as distinguishing children by marital status and demanding parental identity documents create systemic barriers to Birth Registration access. In response, this paper proposes reorienting the system to focus on certifying the fact of birth, easing parental documentation requirements, separating essential from optional register items, and introducing a dual-certificate model. These reforms aim to enhance accessibility and ensure official recognition of birth certificates, thereby securing the universal and effective protection of all children's right to Birth Registration, regardless of nationality.