Son of irregular, how to report the birth?
Hello I am a non-EU citizen married to my wife and I live in Italy but are irregular, without a residence permit. My wife is expecting a baby and should give birth to between one month, what we do hospital, we present the declaration of birth even if we are irregular?
The declaration of birth must be lodged, is an individual right, if there is no birth certificate does not exist and therefore the person to civil rights, such as the right to name therefore it is an act due to the child.If your wife gives birth in hospital, the statement birth can make you or your doctor or midwife or a person who attended the birth.The declaration must be made within three days from the date of birth.About the fact that you have permission to stay do not worry because you can not be reported to the court as illegally staying. Access to health facilities, seen not only as the right to use medical services but also understood as use in all the services, including administrative, by perform at the healthcare facility did not involve any signaling to authority.The fact of not having a residence permit does not affect either the declaration of birth.After the enactment of the security package was amended Article 6, paragraph 2, of Legislative Lgs n.286/1999 single text on immigration which reads: "Except for measures on sports and recreational activities are temporary, for those associated with access to health care in Article 35 and those relating to compulsory school performance, the documents relating to residence in Article 5, paragraph 8, must be produced to the offices of government for issuing licenses, permits, registrations and other measures of interest of foreigners of any description.A reading of the rule could be inferred that for registration with the Registry of the child was required to show a residence permit valid. To clarify the situation, the Ministry of Interior issued a circular, number 19 on August 7 2009 see article: http://www.stranieriinitalia.it/ministero_dell_interno-chiarimenti_in_materia_di_anagrafe_e_stato_civile._9243.html That has clarified that the requirement to display the permit required by that rule does not apply to the declaration of birth and the recognition of natural children.Then you can make the declaration of birth even if you are not in possession of a residence permit. If the declaration of birth is performed in hospital will be the medical director to submit the declaration of birth to the officer within 10 calendar days, which will be the birth certificate ..I remind you that the declaration of birth can also be made within ten days after birth, from the municipality in whose territory the confinement took place, you recarti registry office.The official calendar will be the birth certificate, you must show proof of birth issued by the doctor or midwife who attended the birth and how to document, just show your passport, not the residence permit. Mariangela Lioy
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