Adopted Stepchild Eligible

Are you eligible for Italian Citizenship jure sanguinis?

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Adopted Stepchild Eligible

Postby yjg » Tue Jul 08, 2008 12:35 am

I think this has been discussed before but I can't find it on the forum. My son and I are awaiting our letter of recognition from SF (hopefully the process will be speedier now!). His minor daughter was also included in the application as will his newborn son be as soon as I send his BC in. My question is, he has a stepdaughter. If he legally adopts her will she be eligible for citizenship if she is still a minor? Does she need to be adopted or can she just qualify since she is in the household? She is only 7 so there is some time but I just wondered if this was possible.
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Postby penguindump » Tue Jul 08, 2008 1:51 am

I've asked about this too, since I have a 4 year old stepson. Tiffany gave some good information. It seems that as long as the adoption is recognized by Italy, it shouldn't be a problem. The only issue being that no one really knows how to go about getting it recognized...
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Postby Tiffany » Tue Jul 08, 2008 11:32 am

penguindump is correct. The law states any child adopted is a minor by an Italian citizen is given automatic citizenship once the adoption is recognized by Italian authorities. How to go about that - well, that's the actual question.
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adoption

Postby NOLA » Tue Jul 08, 2008 12:41 pm

Hi,

You need to get all the usual documents apostilled, plus you will need a copy of your stepson's birth certificate before he was adopted apostilled and a copy of the order of adoption apostilled. Both these documents need to have a certified translation into Italian, and they need to be apostilled. You don't have to have the apostilles translated. Good luck!
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Postby penguindump » Tue Jul 08, 2008 1:56 pm

NOLA rules, thank you!
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Postby Tiffany » Tue Jul 08, 2008 2:25 pm

Hope this works in SF because an person applying at the SF consulate and another at the Boston consulate were pretty much told point blank that nothing could be done. See here: http://www.italylink.com/modules/smf/in ... 469.0.html

I know by law it should be possible and probable, but in practice it is a much different thing. I'm not sure what this means for those of you using these two consulates, but I think there's a chance that it won't be as easy as NOLA says. Good luck though - it could never hurt to try.
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Postby Em » Tue Jul 08, 2008 5:05 pm

I think sometimes the consulates are uncomfortable dealing with applications that are a little different or if there are complications. I would suggest the same thing I suggested on that other thread--get your citizenship; then, once you are a citizen, ask that your legally adopted child be recognized as well. I can't imagine how this would be a problem. Italians have a right to adopt, and their adopted children are Italian. Yours should be too.
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Postby davidlatour » Tue Jul 08, 2008 6:11 pm

I've read that adopted children are not considered citizens. For example, Mario Balotelli (an Italian soccer player) couldn't play for the national team in euro 2008 because he wasn't a citizen yet. He was born in Italy to Ghanian immigrants and was adopted by an Italian family. Supposively, in this situation the only way he can get citizenship is through naturalization after his 18th birhtday (his growing up years count as the residency requirement). If adopted children were allowed citizenship, I'm sure the italian soccer federation would have pushed that through.

http://italy.worldcupblog.org/euro-2008 ... telli.html
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Postby Tiffany » Tue Jul 08, 2008 6:28 pm

If you read the link to another thread I gave a couple posts up, you'll see that by law children adopted as minor are eligible for automatic citizenship upon approval of their adoption by Italian authorities.

I'm quoting the embassy in my post on that thread, but every other site I can find that lists Italian citizenship law states the minors adopted by Italian families are eligible. I've heard people say that Italy has a lot of law they don't use or enforce. Maybe this is one of them.
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Postby davidlatour » Tue Jul 08, 2008 6:33 pm

You're probably right. It just seems odd that a high profile individual wouldn't be able to get citizenship through adoption if it was, in fact, possible.
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Postby Em » Tue Jul 08, 2008 8:20 pm

David, I don't know anything about this soccer player, but might it be possible that Italy refused to accept the young man's adoption because they thought it was simply a ploy to obtain his eligibility to play on the team rather than a legitimate adoption?

As Tiffany notes, an adoption that is accepted by Italy confers citizenship rights to the child. Perhaps there was a reason that this particular adoption was not accepted.
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Postby matta » Tue Jul 08, 2008 8:57 pm

Mario Balotelli was never officially adopted.

He was born in Sicily to immigrants. As a minor, the court assigned custody to the Balotelli family, but it was only a custody order. Since there is no official adoption, he cannot get citizenship from his guardians. Since he's still a minor, he also can't naturalize. Later this year when he turns 18, he can naturalize as an Italian citizen, and can play in the 2010 World Cup for the Azzurri.
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Re: Adopted Stepchild Eligible

Postby David_ » Tue Jul 08, 2008 10:29 pm

yjg wrote:I think this has been discussed before but I can't find it on the forum. My son and I are awaiting our letter of recognition from SF (hopefully the process will be speedier now!). His minor daughter was also included in the application as will his newborn son be as soon as I send his BC in. My question is, he has a stepdaughter. If he legally adopts her will she be eligible for citizenship if she is still a minor? Does she need to be adopted or can she just qualify since she is in the household? She is only 7 so there is some time but I just wondered if this was possible.

I think it would be better if his wife got her citizenship first and then she passed onto her daughter instead of having your son adopt her. Either way it would work.
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Postby yjg » Tue Jul 08, 2008 11:20 pm

David, I had never thought about it that way. So, if my son's wife gets her citizenship recognized (which she is planning on doing), she can pass it on to her daughter? I guess I really had not thought that one through. They have been married for five years now so they have fulfilled the 3 year marriage rule. That would be great news if it were possible to do it that way. I know the bio dad wouldn't allow the adoption thing at this point. I would hate for her to miss out on this whole thing with the rest of the family being dual citizens except for her. Besides, she is helping me practice my Italian flashcards, that should count for something!!!
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Postby David_ » Tue Jul 08, 2008 11:24 pm

yjg wrote:David, I had never thought about it that way. So, if my son's wife gets her citizenship recognized (which she is planning on doing), she can pass it on to her daughter? I guess I really had not thought that one through. They have been married for five years now so they have fulfilled the 3 year marriage rule. That would be great news if it were possible to do it that way. I know the bio dad wouldn't allow the adoption thing at this point. I would hate for her to miss out on this whole thing with the rest of the family being dual citizens except for her. Besides, she is helping me practice my Italian flashcards, that should count for something!!!

It should as long as she is a minor at the time her paperwork is introduced. It would save everyone mountains of trouble in regards to paperwork and possible emotional drama. Contact the consulate to make sure.
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