Haitian Baby born in Puerto Plata.........

POP Bad Boy · #1 04-30-2008, 02:45 PM

.........I am sure this is going to stir up some debate...........but if so, please start another thread, since the purpose of this thread is just to ask a simple question that someone needs answered.........

A Haitian family living in Puerto Plata has had a baby born at the hospital in Puerto Plata........

......they have been trying for about 4 months to get a birth certificate and they are told that they can't have one and if they want one they have to go to Haiti to get one..............

What is the LAW regarding this matter and what do they need to do to get what they should or should not have?

Thanks........

Matilda · #2 04-30-2008, 02:52 PM

As far as I am aware (and I could be wrong), Haitian choldren born here could get a Dominican birth certificate when Hippolito was in power. That right was taken away when Leonel came back. This is when the parents do not have Dominican nationality. So all of the 'illegal' Haitians I know (Many of whom have visas but not cedulas) have children who have no birth certificate.

sylindr · #3 04-30-2008, 03:02 PM

That is indeed the case. If the babies parents are illegal they child cannot get a birth certificate and then the problem worsens becasue the child also cannot get an education....the problem just grows as the child grows!

Dolores · #4 04-30-2008, 03:16 PM

By Dominican law, confirmed with a Supreme Court ruling, the birth of children born to parents that are not legal residents or citizens of the Dominican Republic is recorded in a birth book in the hospital, certifying the birth took place here.

The birth certificates that were granted before were irregular, a "fee" was charged for the service but the birth certificates and subsequent cedulas that were issued were in violation with Dominican law.

Dominican law also establishes that all children living in the DR have a right to education, regardless of citizenship or legal residency.

The big problem, and this also happens with hundreds of thousands of children born to Dominican-born parents, is that if the parents aren't legal or do not have a legal identity from any nation, then the children will have a hard time existing legally and thus unless they get an irregular cedula they need to live an underground life, despite being able to get at least a grade school education.

If the parents have Haitian legal documentation, then they need to request a Haitian birth certificate from the Haitian embassy in the DR. With that the child can have an identity as a Haitian and go to school through university. There are no restrictions here for Haitians studying in Dominican schools -- Haitians are charged as Dominicans in the larger universities. Only in some private universities are they given foreigner treatment.

bob saunders · #5 04-30-2008, 03:54 PM

Quote:

Originally Posted by Matilda

As far as I am aware (and I could be wrong), Haitian choldren born here could get a Dominican birth certificate when Hippolito was in power. That right was taken away when Leonel came back. This is when the parents do not have Dominican nationality. So all of the 'illegal' Haitians I know (Many of whom have visas but not cedulas) have children who have no birth certificate.

This was not true, at least not officially, but remember the Dominican Ambassador(PRD) was selling fake Dominican passports to Chinese so anything is possible.

Matilda · #6 04-30-2008, 05:42 PM

Just out of interest, I assume that if you are from another country in the world, be it Uk or USA or whereever, and you are here illegally in that you have overstayed your visa and do not have residency then exactly the same applies to any children you have here - no Dominican birth certificate?

By the way, thanks Dolores that was very clear.

Matilda

PICHARDO · #7 04-30-2008, 06:08 PM

Quote:

Originally Posted by Matilda

Just out of interest, I assume that if you are from another country in the world, be it Uk or USA or whereever, and you are here illegally in that you have overstayed your visa and do not have residency then exactly the same applies to any children you have here - no Dominican birth certificate?

By the way, thanks Dolores that was very clear.

Matilda

Exactly! If you are a foreigner in the DR, given as you said to reside out of status due to either one of the examples you made; then by a good margin your kids won't get a BC as they'll be considered to be "in transit".

It don't matter the race or nationality of the children and parents, but their legal status in the country.

The DR has been allowing pregnant women come from Haiti for the sole purpose of having their kids free of charge in Dominican Hospitals. Now imagine if we allowed every single pregnant woman to come to the DR to have their kids and also get Dominican citizenship just because they were born here?

RonS · #8 04-30-2008, 06:12 PM

Permit a side question on this subject: Supposed two Dominicans resided in the US illegally and had a child in the US. Would that child be a US citizen?

Tamborista · #9 04-30-2008, 06:19 PM

Quote:

Originally Posted by RonS

Permit a side question on this subject: Supposed two Dominicans resided in the US illegally and had a child in the US. Would that child be a US citizen?

If you register the birth, you are automatically a U.S. citizen if you are born on U.S. soil.

Matilda · #10 04-30-2008, 06:27 PM

Quote:

Originally Posted by PICHARDO

. Now imagine if we allowed every single pregnant woman to come to the DR to have their kids and also get Dominican citizenship just because they were born here?

I thought that is what happened in the US? And I think it happens in the UK. If you are born in the country then you are a citizen.

matilda