A pregnant foreign national woman who is present in Italy, even if illegally so, cannot be deported until 6 months after the birth of her child. Pregnant women are issued with a residence permit for medical reasons by the Police Headquarters (Questura).
Consulations and Care during Pregnancy
In Italy, all medical consultations and care during pregnancy are free for all women (“ticket” payment is not required). Foreign national women who do not have a residence permit are also entitled to all medical services.
Non-EU citizens who have an EU residence permit, or the old residence card that is still valid, are entitled to claim maternity benefit from the Comune (town hall).
All foreign national citizen women who are waiting for their EU residence card to be issued must present, within 6 months of the birth of their child, the application for maternity benefit to the Comune where they are resident, attaching the receipt issued that proves application for residency.
Non-EU citizen women who have a residence permit as a family member of an EU (or Italian) citizen, with a duration of 5 years, as well as women who have a permanent residence permit as a family member of someone who is not an EU member state citizen, are also entitled to maternity benefit. By “family member” it is intended spouse, dependent direct descendants under the age of 21 years and those of the spouse; dependent direct ascendants and those of the spouse.
First Time Parent Courses
There are pregnancy and birthing classes on offer: theoretical classes, where fathers can also participate and practical classes reserved for new mothers-to-be.
"Mamma segreta" Project
Italian legislation allows a woman to give birth anonymously and to not recognise her child, guaranteeing at the same time the right of the child to be brought up by a family.
Leave for working parents-to-be
Any pregnant woman who works is entitled to “maternity leave”, that is, a period of compulsory absence from the workplace. There is also “parental leave”. This is an optional period of absence from the workplace and it is possible for either parent to avail of this in the first 8 years of the child's life.
Termination of Pregnancy (Abortion)
According to Italian legislation (law 194) it is possible to terminate a pregnancy up to 90 days from conception. After the 90th day however, termination is only permitted if the mother's health is at serious risk (due to the pregnancy) or if the baby is to be born with serious malformations. For voluntary termination of a pregnancy, one must go to her G.P. or directly to the health clinic (Asl di Prato).
Special Cases
A pregnant foreign national with a residence permit for medical reasons is not permitted to work and her permit will be revoked should she decide to voluntarily terminate the pregnancy. Furthermore, the prohibition to deport the mother is also extended to the father, who does not necessarily need to be co-habiting with the mother. He can remain in Italy for the entire duration that is allowed for the mother. A residence permit for medical reasons can be converted to another type if residence permit by meeting the suitable requirements.