Italiano

DPR 396/2000 – LAW ON ANONYMOUS CHILDBIRTH

DECREE OF THE PRESIDENT OF THE REPUBLIC 3rd November 2000, nr. 396

PLEASE BE AWARE THAT THIS TRANSLATION IS NOT A LEGAL AND VALIDATED TRANSLATION AND MAY CONTAIN ERRORS.

Regulation providing for the revision and simplification of civil status legislation, pursuant to Article 2, paragraph 12, of Law No. 127 of 15 May 1997.

Article 30

(Declaration of birth)

  1. The declaration of birth shall be made by one of the parents, by a specially appointed proxy, or by the physician, midwife, or any other person who assisted at the birth, in compliance with any wish expressed by the mother not to be named.
  2. For the purposes of drawing up the birth record, the declaration submitted to the registrar of civil status shall be accompanied by a certificate of live birth containing the personal details of the woman who has given birth, as well as details of the local authority, hospital, nursing home, or other place where the birth occurred, the date and time of birth, and the sex of the child.
  3. Where the woman who has given birth was not assisted by healthcare staff, and the declarant is also unable to produce a certificate attesting that the birth took place, a statutory declaration shall be submitted in accordance with Article 2 of Law No. 15 of 4 January 1968.
  4. The declaration may be made within ten days of the birth at the local authority in whose area the birth occurred or, alternatively, within three days at the health administration of the hospital or nursing home where the birth took place. In the latter case, the declaration may also include the simultaneous recognition of a child born outside marriage and shall, together with the birth certificate, be forwarded for registration by the medical director to the registrar of civil status of the local authority in whose area the place of birth is located or, at the parents’ request, to the local authority of residence identified pursuant to paragraph 7, within the following ten days, including through the use of electronic communication systems capable of ensuring the authenticity of the transmitted documentation in accordance with applicable legislation.
  5. The declaration may not be received by the medical director if the child was stillborn or died before the declaration was made. In such cases, the declaration must be made exclusively to the registrar of civil status of the local authority where the birth occurred.
  6. For the purposes of applying the provisions of this Article, civil status offices, in their relations with the health administrations of birth centres located within their area, shall comply with the coordination and liaison arrangements set out in the Decree of the President of the Council of Ministers referred to in Article 10, paragraph 2.
  7. The parents, or one of them, if they do not intend to avail themselves of the procedure provided for in paragraph 4, may declare the birth within ten days of delivery at their local authority of residence. Where the parents do not reside in the same local authority, unless otherwise agreed between them, the declaration of birth shall be made at the local authority of residence of the mother. In such cases, where the declarant does not produce the certificate of birth, the local authority at which the declaration is made shall obtain it from the birth centre where the delivery took place, without prejudice to the provisions of paragraph 3.
  8. The registrar of civil status who registers the birth in the local authority of residence of the parents or of the mother shall notify the local authority of birth of the name of the child and the details of the registered act.
Una donna incinta tocca la pancia