The article is devoted to the problems of legal regulation of the state registration of the birth, risks of fictitious registration when using witness testimony as an independent basis of birth registration outside a medical organization and the lack of uniform standards for proving the fact of birth, regardless of the age of the child and the circumstances of his birth. The draft law initiatives aimed at limiting the use of witness testimony during birth registration are summarized. It is concluded that it is advisable to switch to a model in which birth registration at the registry office is carried out in the presence of medical documents, and in their absence at the court, which protects the rights of the child, counteracts fraud and takes into account the right of women to refuse medical intervention.