Citizenship determination for a child born out of wedlock by a Greek father and an alien mother without legal residence

Citizenship determination for a child born out of wedlock by a Greek father and an alien mother without legal residence

Description

The Greek Ombudsman received a complaint regarding problems in the process of Greek citizenship acquisition by a child born out of wedlock to a Greek father and an alien mother without legal residence, within 300 days following her divorce from her ex-spouse, also an alien. Due to the ex-spouse’s presumption of paternity, a trial was required to establish paternity. Subsequently a notarial deed of child recognition was drafted, which, however, was not accepted by the 1st Directorate of Civil Status and Social Affairs of Athens, part of the Decentralised Administration of Attica, because by that time, the child had reached the age of three, and the deadline allowed for notaries dealing with third country nationals without legal residence, had expired.

The Ombudsman argued that the three-year deadline of the Immigration Code had been suspended on the grounds of force majeure (completion of the paternity trial) and the Directorate of the Decentralised Administration finally decided on the child’s acquisition of the Greek nationality.

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