Question: I would like to know which rights a pregnant foreign girl cohabiting with the Iatlian father of her child holds (she has no residence papers and she arrived in Italy in July 2002 therefore law doesn’t provide for her regulariztion.
Mr. Paggi answer: The girl has at the moment the right to a health matters residence permit on basis of consolidated act art. 19 and Regolamento di Attuazione art. 28. Pregnant women, even if clandestines (and they should be expelled or they were already ordered expulsion) have they right to residence papers. The right must be proved via showing the medical certificate. The permit lasts through out pregnancy and the child first six months of life.
The girl we are talking about lives with an Italian citizen who’s to be the father of the child. He will be able to recognize him/her once he’s/she’s born. When the father recognizes the child, the woman situation in Italy is to be regularized. In fact, the above quoted articles provide for that foreign citizens cohabiting with their husband/wife or with a close relative (up to third degree) can stay in Italy without risking expulsion. The girl is to become mother of an Italian child, that’s why she holds the right to live in Italy.
Once the baby is born, she will have the chance of regularly living here. She will hold the right to residence papers which will be soon turned into a steady residence permit.
