Having a Baby in Italy as a Ukrainian Mother

Giving birth in Italy as a Ukrainian woman is a very pressing topic, especially now that this wretched war has scattered our citizens all over the world. Italy is one of the countries that has taken in a great many of our refugees, especially women and children.

There are a great many questions and “unknowns”, and concrete answers are not easy to find.

Let us try to make sense of the subject, answer the most important questions and work out a step-by-step plan of action for you: from the birth of your child to registering them and obtaining all the necessary documents.

To begin with, all women in Italy, even without a valid permesso di soggiorno (residence permit), are entitled to the same medical care and treatment that Italian women receive during pregnancy and childbirth. All treatment during pregnancy and childbirth in public healthcare facilities is completely free of charge.

Once a woman has confirmed her pregnancy with a pregnancy test, she should book an appointment with a doctor at the local health authority (Azienda Sanitaria Locale, ASL). The doctor then issues the mother-to-be with a certificate of pregnancy (Certificato di gravidanza), which allows her to confirm her status to her employer (if she works) and to access all the services she needs. All treatment and medicines provided in public healthcare facilities throughout the pregnancy are free of charge.

When the time comes to give birth, the woman can go to the nearest hospital on her own or call an ambulance on 118.

*The mother-to-be should bring with her all the medical records she received during her pregnancy, as well as her personal documents.

Under Italian law, a baby must first be registered before it can be taken home from the maternity ward.

How do you do it?

First of all, to register your child in the civil status register of the civil registry office (Ufficio di Stato Civile) of the Comune (municipality), you must declare the birth by submitting a birth declaration (Dichiarazione di nascita) in one of the following ways:

· to the hospital management (in Italian, direzione sanitaria) – within 3 days of the birth. In this case the hospital is responsible for sending the birth declaration to the Ufficio di Stato Civile of the Comune where the birth took place, or to the mother’s Comune if she so requests;

· in person at the Ufficio di Stato Civile of the Comune where the mother lives or where the child was born – within 10 days of the birth.

In both cases the parents must bring the birth declaration made at the hospital and a valid identity document (for example, a passport or carta d’identità) of both parents, or of the parent registering the child.

*If neither of the child’s parents has a valid permesso di soggiorno, staff at the civil registry office or the hospital cannot ask them for a residence permit and, even if they are in the country irregularly, cannot report them to the police.

Who can register a newborn child in Italy

If the child’s parents are legally married, either the mother or the father can register the birth. In that case both will be recognised as the child’s parents.

If the child’s parents are not married, they need to register the birth in order to establish maternity and paternity. In general, if both parents wish to recognise the child, they must both register the birth. Otherwise, if only one parent recognises the child, that parent must register the birth alone.

If only one parent recognises the child at birth, the other can always recognise the child later by means of a special declaration made after the birth before an officer of the Ufficio di Stato Civile, before the guardianship judge (Giudice Tutelare) or before a notary.

In short, Italian law allows both the mother and the father to register a newborn.

The next step is registering the child’s citizenship

If both of the child’s parents are citizens of Ukraine, the child is entitled to Ukrainian citizenship by birth. If one parent is Ukrainian and the other is a foreign national, you may choose for the child the citizenship of either parent.

To register a child born in Italy as a citizen of Ukraine, you must:

1) obtain the child’s birth certificate issued by the Comune (Italy has several kinds of birth certificate – copia integrale dell’atto di nascita, estratto di nascita and certificato di nascita – depending on which details you need). The Embassy/Consulate of Ukraine requires the Estratto dell’atto di nascita in the international format (in Italian, internazionale);

*Please note: when registering the birth and obtaining the birth certificate at the Comune, bear in mind that the Italian civil registry officer will give the child either 1) the father’s surname or 2) the mother’s surname, if the father is not named on the birth certificate.

It is therefore very important to pay close attention to how the child’s surname is spelled (so that a boy does not mistakenly receive his mother’s surname in its feminine form or, conversely, a girl her surname in the masculine form – in Ukraine surnames change with gender, in Italy they do not). To avoid this, the parents or one of them can obtain from the Consulate General of Ukraine a certificate for the Comune’s civil registry office explaining the traditional Ukrainian spelling of surnames ending in -yi or -ov for boys and for girls. With this certificate the parents or one of them will have additional grounds to insist, if necessary, at the Comune’s civil registry office that the child’s surname be spelled grammatically correctly on the birth certificate.

2) have the child’s birth certificate apostilled at the legalisation office of the competent prefecture (Prefettura);

*Please note: a birth certificate issued in Italy will be recognised as valid in Ukraine provided it bears an Apostille, which in Italy is affixed by the prefectures (Prefettura) or the courts (Tribunale) of the place where the Italian document was issued.

3) complete the child’s acquisition of Ukrainian citizenship by birth and obtain a certificate of registration as a citizen of Ukraine from the Consulate General or the Embassy of Ukraine in Italy;

*you can find out more about how to do this here.

4) submit to the Consulate General or the Embassy of Ukraine in Italy an application and the required documents for the child’s passport for travel abroad.

*you can find out more about how to do this by following this link.

What residence permit will the child have in Italy?

The residence permit (permesso di soggiorno) the child will have depends on the type of permit held by the parents, or by one of them, and on its status (valid or expired).

If both parents or one of them hold a valid residence permit for Italy, the child will receive a permit for family reasons (Permesso per Motivi Familiari). This permit will have the same validity as the permit of the parents (or parent), and it can be renewed (together with the parents’ permit) until the child turns 18.

The child’s residence permit is linked to the permit of the parent the child lives with. If the child lives with both parents, the child’s permit will be linked to whichever parent’s permit is more favourable in terms of rights and duration.

Remember to renew the child’s residence permit when you renew the permit it is linked to.

If the mother or father holds a long-term residence permit (formerly Carta di Soggiorno), the child can obtain a long-term residence permit after 5 years of residence in Italy.

If a woman is pregnant or has recently given birth, and neither she nor the child’s father has a valid residence permit for Italy, they cannot be expelled from the country and are entitled to apply for a Permesso per Cure Mediche (permit for medical treatment). This permit is valid only until 6 months after the birth.

After that, the parents can apply to the Juvenile Court (Tribunale per i minorenni) for a Permesso per Assistenza Minore (under art. 31 TUI, the Consolidated Immigration Act) and obtain a Permesso per Motivi Familiari for the child.

Codice fiscale (tax code) for the child

Once the parents have registered the child, the Comune will automatically assign the child a codice fiscale. This code is very important for registering the child with the Italian public health system and for accessing public and private services.

To obtain the codice fiscale for the child, you need to go to the Agenzia delle Entrate (Italian Revenue Agency) with the child’s birth certificate and fill in the relevant form.

Carta di identità (identity card) for the child

Once the child has a tax code and a residence permit, they are entitled to another very important document – an identity card (carta d’identità).

To obtain a carta d’identità, the child’s place of residence must first be registered at the registry office (Centro Anagrafe) of the Comune of the town or city where both parents, or only the mother, live. The child’s residence is registered at the address of the parents or of the mother alone. This procedure is called iscrizione anagrafica.

Once the child’s residence has been registered, the Centro Anagrafe will issue the child with a carta d’identità.

Bear in mind that in most municipalities (Comune) you need to book an appointment to obtain a carta d’identità. We recommend checking the website of your own Comune to find out the procedure for obtaining a carta d’identità and which documents are required.

In short, a carta d’identità can only be obtained with a valid residence permit and a valid registered residence (residenza). It cannot be obtained with a declaration of hospitality (dichiarazione di ospitalità).

Health care rights of a child born in Italy

Once the child has a tessera sanitaria (health card), the parents must register the child with the Italian National Health Service (Servizio Sanitario Nazionale, SSN) at their local Azienda Sanitaria Locale (ASL). This is completely free of charge.

Children of foreign nationals, including newborns, have full access to the medical care they need, to vaccinations and to a paediatrician, even if their parents do not have a permesso di soggiorno.

Once registered with the Servizio Sanitario Nazionale, the child is entitled to a free paediatrician (pediatra), whom the parents can choose (and, if necessary, change) from among those available at the local ASL.

All children in Italy are entitled to vaccination. Most vaccinations are free of charge.

Please note: some vaccinations are compulsory in Italy (without them a child cannot, for example, be admitted to nursery or school, except where there are confirmed medical contraindications to vaccination), while others are only recommended. The child’s paediatrician can give you the full list and the vaccination schedule.

Tessera sanitaria for the child

After obtaining the codice fiscale, registering with the Servizio Sanitario Nazionale (SSN) and choosing a paediatrician, the child automatically receives a health card (tessera sanitaria), either sent to the home address or collected from the Revenue Agency (Agenzia delle Entrate), as well as a health booklet (libretto sanitario, from the local ASL).

Is the mother of a newborn entitled to social assistance in Italy?

Subject to the conditions laid down by law (length of residence in Italy, family income, etc.), the mother of a newborn is entitled to social benefits such as the Assegno Unico Universale (universal child allowance), and may also qualify for various bonuses (which you need to keep an eye on from time to time, as they change constantly), and so on.

If the mother is unemployed, she can apply for a maternity allowance (assegno di maternità) at the Comune where she lives within 6 months of the child’s birth.

What are the legal rights of a working mother in Italy?

Here are some of them (the main ones):

• A working mother cannot be dismissed from her job from the start of her pregnancy until the child turns 1 – with only very few exceptions;

• if a working mother’s job is dangerous or physically demanding, her employer must change her duties to protect the mother and the child. Night shifts are not allowed either;

• a working mother is entitled to compulsory maternity leave (congedo di maternità), which is applied for online through the portal of INPS (National Social Security Institute) – by the mother herself or with the help of the staff of a Patronato (welfare advice office);

• depending on the type of employment contract, a working mother may be entitled to a period of parental leave (until the child turns 12);

• a working mother is entitled to time off work for prenatal check-ups, to rest periods for breastfeeding and to leave from work if her child is ill.

Applying for the birth grant remotely

(*for Ukrainian children born during a temporary stay abroad)

Please note: parents, or one of them, who have a declared (registered) place of residence (stay) in Ukraine and have had a child during a temporary stay outside Ukraine can also receive the birth grant, as well as the “baby package”.

For children born abroad (during a temporary stay), it is currently possible to apply for the “birth grant” remotely. Explanations of how to do this are available at the following link:

Note that, to receive the state birth grant for a child born abroad, one of the parents can send the application in the prescribed form and the required documents by post to the social protection authority at their place of residence.

(The relevant changes were approved by Resolution of the Cabinet of Ministers of Ukraine No. 340 and apply for the duration of martial law.)

The birth grant is awarded provided the application is submitted no later than 12 calendar months after the child’s birth.

The Ukrainian birth grant currently amounts to 41280 hryvnias. A lump sum of 10320 hryvnias is paid out at once, and the rest is paid over the following 36 months in equal instalments of 860 UAH a month.

State assistance to families with children is paid monthly, as you choose: either through Ukrposhta at your place of residence, or by transfer to a personal account opened with an authorised bank.

Please note that a foreign birth certificate will have no electronic record in the Diia app, so such a birth certificate does not allow you to apply online for the birth grant.

“Baby package” for children born outside Ukraine

When a child is born, every Ukrainian family is entitled not only to the “birth grant” but also to the one-off “baby package” assistance, in kind or in cash.

Receiving the “baby package” in kind

The one-off in-kind “baby package” for a child born outside Ukraine is issued by the relevant social protection department at the recipient’s place of residence/stay.

In this case the recipient must submit the application no later than 30 calendar days from the child’s birth or, if the child was born outside a healthcare facility, within a year of the birth.

The application must be accompanied by copies (photocopies) of the following documents:

• the child’s birth certificate. If the child was born abroad and there is no birth certificate issued by the Ukrainian civil registration authorities – a copy of the birth document issued by the competent authority of the host country and legalised in the prescribed manner, unless otherwise provided by Ukraine’s international treaties, with a translation into Ukrainian. The accuracy of the translation or the authenticity of the translator’s signature must be certified by a notary;

• a document confirming that the child was born outside a healthcare facility, issued by the healthcare facility that examined the mother and child, or by a medical advisory commission if no healthcare facility examined the mother and child in accordance with the law (*if the child was born outside a medical facility).

• the documents of the parents/one of them (passport, identification code).

• *guardians must also submit, in addition to these documents, a copy of the decision establishing guardianship.

Receiving cash compensation for the cost of the “baby package”

Cash compensation is awarded if the application is submitted no later than 12 months from the child’s birth. The recipient can apply for cash compensation:

• by sending the application and documents by post to the relevant social protection department

• when receiving the integrated “eMalyatko” service.

To be awarded cash compensation through the “eMalyatko” service, the recipient provides the information required for that compensation, stating that they wish to receive cash compensation, reports that the child’s mother/father, other relatives, adoptive parents, guardians, foster parents, parent-educators of family-type children’s homes or emergency foster carers waive the one-off in-kind “baby package”, and gives a special account number.

If you have any questions about obtaining documents for a child born in Italy, or about how to apply for the birth grant remotely, please get in touch: we will be glad to answer them and, together with you, try to find the best way to resolve your difficulties.