Legally Adopted Children

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Legally Adopted Children

Postby VaNapoli » Mon Feb 20, 2006 2:04 pm

I need to know if a legally adopted child of a presumed Italian Citizen :(did not renounce citizenship) is entitled to it also. Adopted at 9 mos. of age and lived with parents until married for the first time. Help!!!
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Postby Em » Mon Apr 03, 2006 7:02 pm

You really need to confirm this with your local consulate, but it seems logical that an adopted child would qualify. If an Italian citizen living in Italy legally adopted a child from China, that child would become an Italian citizen. It makes no sense to treat an Italian living outside of Italy any differently.
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Postby Em » Sun May 07, 2006 10:51 am

Don't know if anyone is following this thread any longer, but I think my previous response was incorrect. In my readings I discovered that an adopted child of an Italian citizen must be registered with the Italian government when that child is still a minor for him/her to have citizenship.
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Re: Legally Adopted Children

Postby Destin2BeItaliano » Sun Jan 18, 2009 5:12 am

I've always been under the impression that an adopted child's birth record does not generally state that they are adopted (at least in closed adoptions) otherwise parents would be forced to reveal this to their children and often times, especially years ago, families did not tell their children. If it were on their birth certificate they would be revealing information to the child that they don't have a right to know. Though that right is debatable. Morally, they should have the right but legally they do not. Most states, Florida and Alabama both do not state that a certificate has been amended to name the adopted parents. Their names are simply listed as normal and the child's birth city stays the same as it truly was without regard to where the adoptive parents lived at the time. My ex bf was adopted but was his parents were always honest that he had been and how thankful they were to have him as their only child. His birth certificate doesn't indicate they are not his biological parents. I'm sure the vital records people retained copies of the adoption order but that isn't shared. So realistically, how would the consulate know the person is adopted UNLESS it was an open adoption in which case a child's biological parents AND adoptive parents can both be listed in some jurisdictions.

I would obtain the birth record and verify that no such information appears and continue as normal. Quite honesty, it's not anyone's business if someone is adopted. They are from that moment legally and in every other way their "parents" child.
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Re: Legally Adopted Children

Postby Tiffany » Tue Feb 03, 2009 9:35 pm

Italian law states that the adoption must be registered with the Italian authorities before citizenship is granted. If the child is a minor at the time, he or she will be granted automatic citizenship. If overage, he or she is eligible to be naturalized in five years time.

http://www.ambwashingtondc.esteri.it/Am ... tadinanza/
WAYS TO BECOME AN ITALIAN CITIZEN
AUTOMATICALLY 1. by having an Italian parent(s); 2. by being born in Italy: including cases in which the parents are unknown, stateless or do not transmit their own citizenship to their child according to the legislation of the State to which they belong, as well as children found abandoned in Italy and for whom it is impossible to determine status civitatis (citizenship); 3. through paternal or maternal recognition while the child is a minor (in cases in which the child recognised is no longer a minor, he/she is obliged to elect to become a citizen within one year of recognition); 4. by adoption, both if the foreign minor is adopted by an Italian citizen by means of the Italian Judicial Authorities, as well as in the case in which adoption is granted abroad and made effective in Italy through a writ, issued by the Juvenile Court and registered with the Civil Registry. If the adoptee is no longer a minor he/she can become a naturalised Italian citizen after 5 years of legal residence in Italy (see How to Apply: Naturalisation).
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Re: Legally Adopted Children

Postby jcat » Tue Feb 03, 2009 10:34 pm

I have a daughter who my wife and I adopted, and in my discussion with the officer at the Miami consulate she states that I do need to present her birth certificate. This was a minor snag as she was adopted at age nine in NYS and we were not issued a birth certificate and all we had in our possession was the Adoption certificate from the state once the adoption was finalized. Since the conversation with the consulate I have requested and received her new Birth certificate listing My wife and I, her adoptive parents as mother and father.she will be recognized as an Italian citizen before my wife, who can apply six months after my citizenship is finalized. Original records of adopted children can be obtained only by the child once they turn eighteen years old.Also, the birth certificate just lists her mother and I as her parents, not adoptive parents, so true unless you verbally tell someone the child is adopted they would not know this information, rightly so.
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