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Stato civile

 

Stato civile

 

CIVIL STATUS

The Civil Registry of an Embassy or Consulate handles the registration, updating and maintenance of the Civil Registry in the same way as an Italian municipality does. There are four Civil Registries: birth, marriage, death, divorce. For each of these matters, the Civil Registry is authorized to issue certified copies of documents, filed with it, attesting to the civil status of each individual. The Registrar carries out these procedures abroad, while the municipalities have these functions in Italy. In addition to handling the four registries, the Civil Registry Office of a Consulate helps citizens residing in its jurisdiction to complete the following procedures:

- administration of the Civil Registry for the documents issued by the Consulate itself;
- receipt and forwarding of the documents issued by foreign Authorities to the Italian municipalities which are responsible for their transcription;
- receipt and forwarding of sentences and measures adopted abroad (e.g. divorce, adoption, etc.) to the competent Italian Authorities;
- forwarding of the requests to change a name or a surname to the competent ‘Prefettura’ Office;
- writing and posting of marriage banns on the online Consular Notice Board;
- celebration of civil weddings in the Consulate, as long as there is impediment by local legislation.

Requests to celebrate civil weddings may be rejected if the parties do not reside within the Consular jurisdiction.
Italian citizens who change their civil status during their stay abroad must communicate it to the Consular Office authorized for the jurisdiction in which the event took place, by submitting the requested documentation or any other document requested.

CHANGES IN CIVIL STATUS

BIRTH

Children of parents of whom parents are Italian citizens, are Italian citizens. Consequently, their birth must be registered in Italy, even if their parents are born abroad and also citizens of another country.
In order to register a birth, Italian nationals may send the following documents to the Consular Office of this Embassy by mail, if the event took place in an area under the jurisdiction of this Consular Office:

- application form for the transcription of the birth;
- birth certificate in original copy, or a copy certified by the Registrar of the foreign Country, and translated;
- a copy of the Identity Documents of the parents;
- Italian translation of the birth certificate (form available on the website);
- a statement declaring the Italian citizenship of at least one of the parents (Identity Card, Italian passport, certificate of Italian citizenship) if he/she is not registered the Consular Database of the Italian citizens living in the jurisdiction of this Consular Office.

As an alternative, Italian nationals can submit their birth certificate issued by the municipality of original residence (in accordance with article of law n.12, paragraph 11, DPR 369/2000).

For further information and to download the application form for the transcription of a birth, refer to the 'Forms' page on the website of this Embassy (click here)

MARRIAGE

MARRIAGE BANNS

Marriage banns must be published by the Registrar before the wedding takes place. These banns are valid for six months. Weddings can be celebrated from the 4th and within the 180th day after the marriage banns have been issued.

Italian couples residing abroad, and who wish to get married in Italy, must request the publication of the marriage banns in the Embassy or Consular Office where they are registered in the Consular Database.

If the wedding is to be celebrated abroad, Italian citizens are not subject to the publication of any marriage banns, unless local legislation requires it.

The foreign spouse must submit the Nulla Osta or the Non-impediment certificate for marriages, issued by the competent authorities of the country of which they are citizens, at the time when the marriage banns are requested. The countries that adhere to the Monaco Convention on 5th September 1980 and which can issue the Non-impediment certificate for marriages are: Austria, Belgium, Italy, Germany, Greece, Luxemburg, the Netherlands, Portugal, Spain, Switzerland, Turkey.  For all other Countries the document required is the Nulla Osta.

In order to request the publication of the marriage banns, the Italian national may send an e-mail to the Consular Office e-mail address (consolare.ambdublino@esteri.it) with the following documents:

- application form for the publication of the marriage banns;
- copy of the Identity documents of the bride and groom.

Subsequently, the Italian national will be summoned to this Embassy, on an established day and time, and submit the following:

- if one of the spouses is a foreign national, a nulla osta or a Non-impediment certificate for marriages issued in the original by the competent authorities, must be submitted;
- birth certificate of the foreign spouse. This document must be submitted if the nulla osta does not include the details concerning the father and the mother, and it is issued by the native country or the diplomatic representation. This document must be translated and legalized (for further information refer to Traduzione e Legalizzazione dei documenti);

- €23,02.

For further information and to download the application form for the transcription of marriage banns, refer to the 'Forms' page on the website of this Embassy (click here)

MARRIAGE TRANSCRIPTION

In order to have legal value in Italy, the couple must send their marriage certificate, in the original issued by the foreign Civil Registry Office, to the Consular Office which will send it to Italy, where it will be transcribed in the Civil Status Registry of the municipality of original residence.  As an alternative, Italian nationals may submit the duly legalized and translated marriage certificate directly to the municipality of original residence (in accordance with article of law n.12, paragraph 11, DPR 396/2000).

In order to request the transcription of the marriage Italian nationals may send the following documents to the Consular Office of this Embassy by mail:

- application form for the marriage transcription;
- marriage certificate in the original issued by the Civil Registry Office of the foreign country;
- a copy of the identity document of the bride and groom;
- Italian translation of the marriage certificate (form available on the website);
- only if requested, copy of the birth certificate issued by the foreign Civil Registry Office, if the bride or the groom is a foreign citizen.

For further information and to download the application form for the transcription of marriages, refer to the 'Forms' page on the website of this Embassy (click here)

DEATH TRANSCRIPTION

The death of an Italian citizen abroad must be registered in Italy. In order to transcribe a death certificate, the following documents must be submitted to the Consular Office of this Embassy by mail:

- application form for the transcription of the death certificate;
- death certificate in the original issued by the competent Civil Registry Office;
- a copy of the Identity document of the deceased (only if he/she is not registered in the Consular Database);
- copy of the death Identity document of the person requesting the transcription  (only if he/she is not registered in the Consular Database);
- Italian translation of the death certificate (form available on the website).

As an alternative, it is possible to submit the certificate, duly translated and legalized, to the municipality of original residence in Italy (art.12, paragraph 11, DPR 396/2000).

For further information and to download the application form to request the transcription of death certificates, please refer to the 'Forms' page on the website of this Embassy (click here) 


RECOGNITION OF NATURAL CHILDREN

The recognition of a child can be done both through a legal sentence and through an administrative measure. This process when carried out abroad may also be valid in Italy if it meets the requirements of the Italian law (in accordance with article of law n.250 in the Italian civil code).
In order to transcribe the child’s birth in Italy, it is necessary to send a the birth certificate along with the legal documents regarding the recognition of the parent, duly translated and legalized. (for further information refer to Traduzione e Legalizzazione dei documenti).

It is not possible to send an ordinary certificate.
If the foreign law does not issue the integral copy of the recognition certificate, it is possible to submit a certificate that includes the recognition done by the local authorities.

RECOGNITION OF FOREIGN SENTENCES, DIVORCE, ADOPTION, CHANGE OF NAME OR SURNAME

As a general rule, private international law n. 218/1995 provides for the automatic effectiveness of foreign legal sentences in Italy, if they are compatible with the Italian legal system. Foreign measures must be transcribed in the competent Italian municipality.
The transcription of foreign Legal sentences to Italy, duly legalized and translated into Italian may be submitted to:

- the Italian municipality, directly by the applicant;
- as an alternative, to the Italian Consulate in which jurisdiction the sentence has been pronounced.

In order to require the transcription of such documentation, it is necessary to present a valid identity document and the following:

- a request form for the transcription of documents in a statement equivalent to an attested affidavit in accordance with article of law 47 of DPR 445/2000. This must certify the possession of the needed requirements in accordance with article of law 64 included in law n. 218/1995. Moreover it has to state that the legal sentence has become final (if it is not included in the sentence itself), and that it is not in contrast to other sentences pronounced by Italian judges. Furthermore, the sentence must not be discussed between the same parties in another court;
- an integral copy of the court sentence in accordance with article of law 64, duly legalized and translated

In order to transcribe sentences of divorce pronounced in a country of the EU, it is necessary to refer to regulations (CE) 2201/2003 of 27th November 2003. If the parties require that, the competent authority of the member state where the sentence of divorce has been pronounced may issue a certificate based on the standard form described in the above mentioned regulations. This certificate does not have to be translated or legalized. Applicants will have to show a valid identity document to attach to the above mentioned certificate, and a statement equivalent to the attested affidavit in accordance with article of law 47 DPR 445/2000. This declaration will have to state the possession of the needed requirements in accordance with article of law 22 of the above mentioned regulations (CE).

For further information and to download the application form for the transcription of a divorce sentence, refer to the 'Forms' page of the website of this Embassy (click here)

Refer also to the website of the Ministry of Foreign Affairs


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