5. The possibility for birth registration competent authorities
not to be concerned with the child’s residence status
39. A relevant question is whether a registrar will report to the immigration authorities the registration of the birth of a child of an irregular migrant
born in the country. If so, it is argued that this possibility may run the risk of
discouraging an irregular migrant from registering the birth of their children,
making them extremely vulnerable, for example to trafficking. However, in
some states, preventing such sharing of information can be construed as an
obstacle to effective immigration control.
40. Therefore, attitudes of states differ considerably on this issue. While in a
number of states,33 immigration authorities receive information from the civil
registry office, in some states34 the registry office does not verify the legality
of the stay of the child or its parents in the territory of the state. As a result,
the birth certificate does not contain information that would be of interest to
immigration control authorities.
Identified promising practices
In Portugal, the law does not establish reporting requirements and in practice
the information on children without residence status is not shared. 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.
The Portuguese Nationality Act grants Portuguese nationality by birth to children
born in the territory if at least one of the foreign parents has resided in Portugal
for at least one year, regardless of legal status. The law does not mention any
reporting requirements and even offers novel options in terms of proof of stay
for those who have resided in Portugal irregularly.
In Switzerland, if the domicile details are not proven, the corresponding field
remains empty, and the civil registrar refers to the place of residence. If this is
not known, no place of residence data is entered, so communication to the
migration services is not possible.
33. For example, Lithuania, Netherlands and Slovenia.
34. For example, Azerbaijan, Poland and United Kingdom.
Birth registration ► Page 21
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