Author
According to Article 20(1) L. 344/1976, the birth of a child must be declared within 10 days to the Registry Office of the municipality where the child is born.[1] In case of late declaration, the person liable for the declaration of the relevant civil status event shall submit along with an application, a fee of thirty (30) euros if the declaration is made after the expiry of the ten-day deadline provided for in Article 20(1) and sixty (60) euros if the declaration is made after the expiry of ninety (90) days from the date on which the event occurred.[2]
As for the birth registration, beneficiaries of international protection have reported to GCR that if they do not or cannot obtain a certified marriage certificate from their country of origin, the child is declared without a father’s name. The Asylum Service issues family status verifications. However, these verifications state that the family status of the beneficiaries of international protection is according to their declaration, with the result that in many cases they are not accepted by public services (e.g., EFKA, Tax Authorities, KEP (Citizens’ Service Center) since they are perceived as solemn declarations and not as certificates. Contrary to the Asylum Service, the Headquarters of the Hellenic Police do not issue family status verifications, despite the provision of Article 25 Asylum Code. Another difficulty is the fact that according to Greek Legislation, the father’s first name or grandfather’s first name cannot be used as the child’s surname, as it is the case in many countries of origin of beneficiaries of international protection. This is a very common mistake made by many mothers and interferes with the name-giving (ονοματοδοσία) of the child, especially when the child’s father is not residing in Greece. In these cases, it is hard to prove that the person that signed the authorisation to the mother for the name-giving is the declared father of the child in the birth certificate and, since the name-giving is one of the essential rights of a legal guardian, a court must make a decision concerning the removal of the parental responsibility of the parent not residing in Greece in order for the other parent to be able to proceed alone with the name-giving. This is a lengthy and uncertain legal procedure since the Greek Civil Code provides strict grounds for termination of parental responsibility.[3] With the Ministerial Decision 9169 ΕΞ 2022-10.3.2022, the name-giving (ονοματοδοσία) could be done electronically through the Greek government’s official webpage.[4] However, in order to access the electronic site of the Greek Government (gov.gr), the beneficiary would need to verify his phone number though e-banking. The system theoretically allows the usage of taxisnet codes (taxation/fiscal electronic codes used for the submission of tax declaration). In practice, after a couple of steps, if the beneficiary’s phone number is not verified through e-banking, the system shuts down. This means that a large number of beneficiaries de facto cannot access this new electronic name-giving system.
A marriage must be declared within 40 days at the Registry Office of the municipality where it took place.[5] In case of late declaration, the beneficiaries shall submit along with an application, a fee of thirty (30) euros if the declaration is made after the expiry of the 40-days deadline provided for in Article 29(1) and sixty (60) euros if the declaration is made after the expiry of ninety (90) days from the date on which the event occurred.[6] In order to get legally married in Greece, the parties must provide a birth certificate and a certificate of celibacy from their countries of origin.[7] For recognised refugees, due to the disruption of ties with their country of origin, the Ministry of Interior has issued general orders to the municipalities to substitute the abovementioned documents with an affidavit of the interested party.[8] However, asylum seekers and beneficiaries of subsidiary protection are still required to present such documentation which is extremely difficult to obtain, and face obstacles which undermine the effective enjoyment of the right to marriage and the right to family life, in some cases leading them to obtain a court order for the officiation of their wedding ceremony.[9]
As for the civil partnership, according to GCR knowledge, the Registry Office of Athens, requires from the beneficiaries of international protection to provide interpretation services with their own means in order to be able to register their notarial act of the civil partnership. In these cases, personal data of interpreters appears on the civil partnership certificates, despite the fact that they do not constitute elements of the present act.[10]
Civil registration affects the enjoyment of certain rights of beneficiaries of international protection. For instance, a birth certificate or a marriage certificate are required to prove family ties in order to be recognised as a family member of a beneficiary of international protection and to be granted a similar residence permit according to Articles 22(2) and 23(3) Asylum Code (see Status and Rights of Family Members).
In practice, the main difficulties faced by beneficiaries with regard to civil registration are the language barrier and the absence of interpreters at the Registration Offices of the municipalities. This lack leads to errors in birth or marriage certificates, which are difficult to correct and require a court order.
[1] Article 20 L. 344/1976 on Civil Registration Acts, Gov.Gazette A 143/11.6.1976.
[2] Article 49(1) L. 344/1976.
[3] Article 1532 Greek Civil Code.
[4] Ministerial Decision 9169 ΕΞ 2022-10.3.2022, Gov. Gazette Β’ 1210/16.03.2022).
[5] Article 29(1) L 344/1976.
[6] Article 49(1) L. 344/1976.
[7] Article 1(3) P.D. 391/1982.
[8] See e.g., Ministry of Interior, General Orders to municipalities 4127/13.7.81, 4953/6.10.81 and 137/15.11.82.
[9] Single Member Court of First instance of Athens 6459/2009,3581/2010 Single-member Court of First Instance of Kos 390/2013 and Athens Magistrates’ Court 91/2017.
[10] Article 9 & 31A L. 344/1976.