Births of Foreigners in the Dominican Republic and the Intent to Reside
The Dominican Constitution defines who is considered Dominican and, regarding foreigners, clarifies in Article 18, section 3, who is granted nationality by birth on Dominican soil. Specifically, individuals born in the Dominican Republic acquire nationality except in cases where they are children of foreign diplomatic and consular officials, of foreigners considered to be in transit, or of those residing illegally in the country. According to Dominican law, anyone deemed in transit includes any foreigner as defined by Dominican statutes.
The aforementioned section 3 establishes three (3) exceptions to the acquisition of Dominican nationality by individuals born on Dominican soil to foreign parents. The exceptions indicate that the parents’ status at the time of the child’s birth falls under one of the following: a) diplomatic and consular representatives; b) persons in transit; or c) individuals residing illegally in the Dominican Republic. In these cases, the individuals born are not considered Dominican nationals.
In this context, when the Dominican Constitution uses the term “transit,” it refers to the foreign national’s status while in Dominican territory, directing readers to consult Dominican laws for its precise definition. Accordingly, the General Immigration Law No. 285-04 categorizes foreigners based on their intention to stay in the country, specifying two main statuses: “Resident” and “Non-Resident.” These categories are determined by the intention of the individual to establish permanent residence or remain temporarily.
Article 31 of Law 285-04 specifies the intent behind residency, distinguishing between two categories for residents: 1) Permanent and 2) Temporary. A Permanent Resident is a foreigner who, due to their activities or conditions, enters the country to establish a permanent residence. A Temporary Resident, in contrast, enters the country with the intent to stay for a specified period, according to the activities that warrant their stay.
Article 32 of Law 285-04 further defines “Non-Resident” status, applying to foreigners who enter the country without intending to settle permanently. The notion of “transit” is addressed in the General Immigration Law and hinges on the foreigner’s intention or lack thereof to reside permanently, as well as whether they seek to establish a permanent domicile or residence in the Dominican Republic.
Article 36 of Law 285-04 describes the various subcategories of Non-Residents, including 1) Tourists; 2) Businesspersons visiting for commercial purposes; 3) Crew members; 4) Transit passengers en route to another destination; 5) Seasonal workers entering under temporary contracts; 6) Border residents engaged in small-scale trade; 7) Participants in groups with sports, artistic, or academic pursuits; 8) Foreign nationals entering with a residency visa to complete formalities within the country; and 9) Students attending Dominican institutions. Article 36, section 10, clarifies that these Non-Resident categories are considered as “in transit” for purposes of applying the Dominican Constitution.
Our Supreme Court of Justice has ruled in its Bulletin No. 1141 that individuals in transit, as described in paragraph 1 of Article 11 of the Constitution, are persons authorized to enter and remain in the country for a limited time. This interpretation has been upheld in Constitutional Court ruling No. TC/0168/13, stating that transitory status is linked to the absence of legal domicile or a valid residence permit.
In conclusion, regarding births of children born to foreigners within the three (3) exceptions mentioned, Law 285-04 outlines the procedures for registering such births. Article 28 requires that Non-Resident foreign mothers register their child’s birth with the consulate of their nationality.
For births to foreign parents under the conditions discussed here, the Dominican Civil Registry will issue a document titled “Acta Inextensa for Foreigners,” which enables parents to register the birth with the relevant consulate so the child may acquire their parents’ nationality. Law No. 4-23, which supersedes Law No. 659 of 1944, mandates that all births on Dominican soil be registered, taking into account the parents’ nationality and migratory status at the time of the child’s birth.
Article 79(b) of Law No. 4-23 specifies requirements for birth declarations, stating that foreign mothers must present their identity card if legally resident, or a passport if in transit, with the birth recorded in the Register for Foreign Mothers’ Children if residency requirements are not met.
Finally, under the framework of Law 285-04, Permanent Residents with legal authorization are considered eligible for their children to acquire Dominican nationality upon birth, provided they have acquired a Dominican identity card.
Licda. Kendy Mariel Garcia Acosta