18.05.2020 – A child of foreigners born in Poland – how to legalise their stay and obtain a birth certificate

Legalisation of the stay of a child born in Poland

If a child of a foreigner was born on the territory of Poland, after obtaining a passport for them, one should apply on behalf of the child to a voivode for a temporary or permanent residence permit.

If the child was born within the period of validity of a national visa or a temporary residence permit of a foreigner, then the child may apply for a temporary residence permit, which is granted until the date of expiry of the national visa or a temporary residence permit granted to the statutory representative of the child.

If a child is born after a foreigner has been granted a permanent residence permit or a long-term resident’s EU residence permit, the child may apply for a permanent residence permit.

If the child was born within the period of validity of a temporary residence permit granted to this foreigner before he or she obtained a permanent residence permit or a long-term resident’s EU residence permit, then the child may also apply for a permanent residence permit.

Obtaining a birth certificate for a child born in Poland

The rules of birth registration in Poland for foreigners are the same as for Polish citizens. The birth registration is made in the registry office, which is located in the town hall or commune office competent for the place of birth of a child. The birth record is prepared by the head of the registry office on the basis of a birth card or a dead child birth card issued by a hospital and a protocol of the statement of birth or a statement of birth in the form of an electronic document.

The statement of birth of a child shall be made within 21 days from the date of drawing up the birth card, and if the child is born dead – within 3 days from the date of drawing up the dead child birth card.

If the statement of birth has not been submitted within the above mentioned period, the head of the registry office shall prepare a birth certificate on the basis of a birth card or a dead birth card, with an annotation that the certificate has been prepared ex officio, and shall inform the parents of the child about the preparation of the certificate.