CHAPTER I CHAPTER VII RECOMMENDATIONS ANNEXES 63 CHAPTER VI 168 Civil Registration Code, Public Ministry, Portugal, Decree Law n. 131/95, amended by Decree Law n. 126/2023, 26 December 2023; and Ordinance n. 61/2024, Portugal/Justice, Official Gazette No. 36/2024, Series I of 2024-02-20, adopted 20 February 2020, pp. 13-15. 169 Regulation on Portuguese Nationality, Decree Law n. 237-A/2006, amended by Decree Law n. 41/2023, as amended 2 June 2023, Art. 4(1). 170 Ibid., Article 6(1)(2). 171 ENS Statelessness Index Survey 2022: Portugal, Sections PRS, 2b, 2e and 6-7, pp. 26-27 and 31-35. 172 Civil Registration Code,, Public Ministry, Portugal, Decree Law n. 131/95, amended by Decree Law n. 126/2023, 26 December 2023, Article 101-A 173 Ibid., Article 101-C. 174 Nationality Law, Portugal, Law n. 37/81, amended by Organic Law n. 1/2024, as amended 5 March 2024, Article 1(1)(g), [in Portuguese]. CHAPTER V In addition to good practices relating to birth registration, the Portuguese Nationality Act provides that: “Individuals born in Portuguese territory who do not have another nationality are Portuguese by birth.”174 CHAPTER IV Although there is no explicit prohibition on sharing information from birth registration with immigration authorities, Article 101-A of the Civil Registration Code requires that medical facilities record birth data in software that can be accessed only by health facilities, the Institute of Registration and Notary Affairs, and the Institute of Social Security.172 Moreover, information about the technical and security features of this data management system must be provided to the National Commission on Data Protection.173 CHAPTER III The child’s nationality is usually not recorded on the birth certificate. However, according to the Nationality Regulation, if the parents are not Portuguese citizens, their nationality, or the fact that it is unknown, must be recorded in the birth certificate so as to facilitate the child’s identification.169 If it is demonstrated that the child does not have a nationality through their parents, the birth certificate must record this. Evidence of statelessness and the child’s birth certificate should then be submitted by the local birth registrar to the Conservador dos Registos Centrais (Registrar of the Central Registry Office), who should analyse the evidence and decide whether the registration is authorized.170 In practice, if the parents have not been officially recognized as stateless, then they must provide evidence showing that the child would be stateless if not granted Portuguese nationality.171 CHAPTER II can confirm their identity through the testimony of two witnesses. Public hospitals, maternity clinics and some private hospitals are required to report births before discharging a new mother; or, if the birth takes place outside such a facility, parents, close relatives or healthcare professionals are required to report the birth within 20 days. Since April 2020, registration can be done online. Parents can also request a national identity document for the child upon birth registration. The registrar issues a free digital or physical birth certificate for all children upon registry.168

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