Pregnancy and childbirth in Italy. Legal aspects.
For all my years of experience, only once, I was approached by a couple planning to have a baby, and interested in the legal aspects of this stage of my life in emigration. Most of the questions that come to me are about the so-called “unplanned pregnancy” & raquo; a woman who came to Italy to work, study, or (and so on), to rest as a tourist.
If the pregnancy is confirmed, do not panic and calm down. Of course, you will have to postpone study or promotion on the career ladder; it is likely that your loved one was psychologically unprepared for such an important event, and if he was an accidental person in your life, then convictions and accusations from others are unlikely to be avoided. In this situation it is important to cope with your emotions and try to understand that an unplanned pregnancy & ndash; this is not no punishment, and an unplanned child does not mean undesirable at all.
Pregnancy and childbirth. The first thing you need to do is to visit a gynecologist who will observe the course of your pregnancy. For foreign women legally residing in Italy, it is enough to make an appointment at the local ASL (Azienda Sanitaria Locale) of the Italian public health system, presenting a valid sanitary card (tessera sanitaria). In the event that you do not have a residence permit and, accordingly, there is no health card, in consultation (consultorio familiare) or in the admission department of the hospital you must be issued a temporary registration card in the form of S.T.P. (straniero temporaneamente presente).
Examinations by a doctor and all mandatory tests provided for pregnant women are obliged to do for free both for tessera sanitaria owners and for pregnant women with a S.T.P. card. The delivery in the hospital itself is also free, including taglio cesareo (if there is evidence).
At the time of pregnancy over 15 weeks, an illegal alien can not be deported from Italy by force, since the trip is a clear threat to the health of the mother and the life of the future baby. In this case, the local Police Department (Questura), at the request of a pregnant woman, will issue her a temporary residence permit for medical reasons (cure mediche). To obtain it, you need to provide a certificate of pregnancy indicating the date of expected delivery (certificato di gravidanza), signed by the gynecologist of the ASL structure.
The residence permit cure mediche is issued on A4 format paper and has a significant restriction: it is issued in order to protect you from unnecessary risks and stresses associated with travel and does not allow you to periodically visit your country, traveling back and forth during pregnancy. If you wish to return to your home country, you must pass a residence permit when you leave Italy for a border officer.
After the birth of the baby, the head of the maternity ward of the hospital signs and issues a birth certificate (attestazione di nascita), which contains the date, place and time of the birth of the child, as well as the mother’s name and its anagenographic data, including information on citizenship. In the event that a woman is married, the name of her spouse is also indicated in the certificate. It is important to understand that the indication in the certificate of the spouse’s name does not mean his automatic recognition by the father. Recognition of the child by his father occurs at the time of registration of the birth certificate of the child in the department of demographic accounting (ufficio anagrafe) of the Italian municipality, which must be completed not later than 10 days from the date of receipt of the certificate from the hospital. In this case, the child will be issued a certificate of birth of the Italian model.
Based on the certificate from the hospital, the birth certificate can also be issued at the embassy of the country of which you are a citizen.
In case the spouse doubts his / her paternity, he / she has the right to request a genetic examination, which is carried out without the consent of the mother, provided that the child is not yet 1 year old. The same has the right to do and the mother, indicating as the father of the child a man who does not want to recognize his paternity. If the father of the child does not belong to his mother in a registered marriage, but is ready to recognize his paternity, he can do so, having come with his mother, with her consent, to the municipality for the registration of the birth certificate to the child. Also, the mother of the child has the right not to name the father, in which case she is given the status of “single mother” & raquo; (ragazza-madre), and the father of the child will have to prove his right to be inscribed in the birth certificate through the court.
After receiving the birth certificate, the child must obtain medical insurance and register with the pediatrician, which can be selected from the list available in the ASL. The pediatrician is obliged to conduct an examination in an outpatient clinic and at home, write prescriptions for medicines and referrals to medical specialists and for tests, issue medical certificates for returning to school or preschool after illness, and medical certificates for admission in school and preschool institutions. It is also important to make preventive vaccinations on time, some of which are mandatory in Italy. All these medical services for children under the age of 6 are free of charge.
The Italian residence permit cure mediche can be issued to an alien illegally for a period of 6 months after the birth of her child and is not renewed under any circumstances. After the expiry of its validity period, you must leave the Italian territory, except if the father of the child is an Italian, who officially recognized him as his. Because the citizenship of Italy is based on the principle of “jure sanguinis & raquo; and is transferred from parents to children, the child receives Italian citizenship and does not need permission to stay in the country. And for you, accordingly, a residence permit is issued for family reasons, as the mother of an Italian citizen.
If the parents of the child are foreigners legally raising in Italy, then to enter the minor in the residence permit (permesso di soggiorno) it is enough to apply to the foreign affairs department of the Questura at the place of residence. A child born in Italy is not automatically granted Italian citizenship, however, at the age of 18, he has the right to request it on the basis of & ldquo; naturalization & rdquo ;.
Pregnancy and childbirth in Italy. Legal aspects.