Mom and Dad Never Married....

Are you eligible for Italian Citizenship jure sanguinis?

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Mom and Dad Never Married....

Postby alyshahurd » Mon Jul 20, 2009 4:18 pm

Ok here is the situation... My great-grandpa was an italian citizen and my grandpa and father never renounced my or their rights to italian citizenship. 0ne of the required documents is my parent's marriage certificate however, they never married. Also my dad's name is NOT listed on my birth certificate AND he has passed away. However, when I was an infant they did a paternity test because my dad refused to believe I was his. Would I need to provide proof of this since they did not get married and my father has passed away? Thanks!
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Re: Mom and Dad Never Married....

Postby azsumrg1rl » Mon Jul 20, 2009 6:59 pm

It sounds like you have a special circumstance. Normally, it wouldn't be a problem that your parents never married, but not having your biological father on your birth certificate makes the situation a bit more difficult. Rather than take the word of helpful people that are merely making educated guesses, I suggest contacting the appropriate consular office for guidance.
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Re: Mom and Dad Never Married....

Postby Destin2BeItaliano » Wed Jul 29, 2009 10:03 pm

Ok - so my situation is very similar. My parents were not married and my father was not put on my birth certificate (and I had my mothers surname) though he did not deny me and actually raised me with my mother until he died when I was 14. When I learned about being able to attain Italian citizenship I contacted the embassy via email explaining my situation. They wrote back asking for my telephone number so that they may call me. I did not return my number immediately as I was traveling - in the end I got focused on correcting the issue before giving them my contact information. I have a half brother who submitted his DNA for comparison since my father's parents are both deceased and he had no brothers. The DNA tests were done by the Labcorp facility which is on of the two court approved companies for my state. The results are conclusive so I am in the process of filing the results with the courts to have my birth record amended. I'm 27 years old and it used to be that I wouldn't have the right to do this now as there was at one time a "look back" period of a few years after reaching the age of majority (defined as 18 years old). However, under the Uniform Child Parentage Act, as amended 2002, a "child" defined as an individual of ANY age, has the right to know conclusively who their biological parents are, except in cases of closed adoption. So although the presiding judge may not be accustomed to cases like mine, or yours, there shouldn't be any issue in having your birth record amended provided you are able to meet the same guidelines as any other paternity case. As far as my father having to have acknowledged me as his son during his life, which I have previously read is important to the consulate on an earlier posting, I am providing supporting evidence. For example, my father's sister, his second wife, whom he never divorced, and the wife of my eldest brother (my brother has since passed away), are all providing notarized letters attesting to the fact that he never disputed being my father. I also have both his and my brothers obituary both naming me as their son and brother respectively. Also note, that in 1998, I had my surname legally changed to his. I should have done the whole DNA thing then but my mother felt a name change was enough to satisfy my frustrations with not having his name. As it happened, I had the surname she had at my birth which was from her first marriage and didn't return to her maiden name when she divorced because she had been in an abusive marriage and "disappeared" when she left him. Since the husband paid for the divorce citing abandonment, he wasn’t willing to pay the additional cost for her to return to her maiden name. She could have given me her maiden name anyway but foolishly didn’t. So as you can understand I was THRILLED about having the name of a total jerk who made my mother’s life hell and who wasn’t anyone to me. Anyway…I’m expecting to file my case in the next two weeks or so. Once that is complete I’ll contact the consulate back, being able to cite all the supporting documents and paternity order and I’m not expecting any issues. Under the Hague Conventions, a paternity decision made in the US is to be upheld in foreign nations provided the testing meets minimum acceptable guidelines. If your test results are not current enough to be accepted by your courts check into using Labcorp. It cost $420 total for a “sibling-ship” study to determine that my brother and I are, with 99.99% probability half-brothers. At the time of my birth, there were only my father, grandfather, and grandfather’s brother, who were alive, and of an age capable of fathering a child so I shouldn’t have any problems with getting the judgment. If you have any other questions or need advice on your situation please feel free to contact me.
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