NOT MARRIED! does that matter?

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NOT MARRIED! does that matter?

Postby xoset » Tue Sep 16, 2008 3:32 pm

Hi my great grandfather was italian came to South Africa and had 7 children here. They were never married and he went back to Italy because he was still married there. Do i qualify for Italian Citizenship!
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Re: NOT MARRIED! does that matter?

Postby matta » Tue Sep 16, 2008 3:56 pm

xoset wrote:Hi my great grandfather was italian came to South Africa and had 7 children here. They were never married and he went back to Italy because he was still married there. Do i qualify for Italian Citizenship!


You'll probably get more responses in the "Qualifying" section, but as far as I know, if your father is your father, and he's Italian, you're qualified.

The tricky thing is going to be proving paternity.
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Postby Tiffany » Tue Sep 16, 2008 4:06 pm

Yup, just like matta said. Is his name on the birth certificate at least? Seeing as I suspect he's dead and can't therefore sign anything...
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Postby David_ » Tue Sep 16, 2008 9:01 pm

He would have to have signed paperwork (birth certificate and perhaps other papers) stating that he recognized that child as his. If he did not, you do not qualify.
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Re: NOT MARRIED! does that matter?

Postby Destin2BeItaliano » Sun Jan 18, 2009 4:57 am

Perhaps the best way to confirm paternity is to have a "Family Study" DNA test completed. Assuming your father has passed away you could have your DNA tested against that of a sibling/half-sibling that was born while he was legally married. If that's not an option you can also be tested against grandparents, uncles and aunts. Ideally, if you're male your Y-chromosome would be tested in comparison to the Y-chromosome of a half brother, grandfather or uncle. Assuming they also descend from the same common male ancestor in an unbroken like they would have the same Y markers (i.e., a son, his dad, grandfather and uncles [as long as they had the same dad as your father) will have the same Y markers. A Family Study (or reconstruction) is also available for comparison with his mother and also sisters although additional tests may be required. Labcorp (labcorp.com) is one of the leading DNA paternity facilities in the county and are court approved (at least in Florida). Bottom line is that if a Y-chromosome test will determine your likely hood to be related to the other tested individual, and therefor your father. This is much more comprehensive proof than a man simply signing a form saying he is your father. I'm in a similar situation, my father was never included on my birth certificate and died when I was 14. He and my mother raised me together and there was no question that I belonged to him. I had my surname legally changed when I was 16 and was at the time happy to finally have the name I should. I'm finally going through the process for a "Family Study" to have my birth record amended myself. The certified DNA results, court order of paternity with appostille all combined with numerous sworn affidavits from my half-brothers, my aunt, my dad's first and second wives, and his stepmother all stating that he openly acknowledged me during his life should be more than convincing. Additionally simple things like his obituary which lists me as his son, along with my brothers will likely be a good piece of supporting documentation (particularly since my brother is the one who had to sign off on everything at the funeral home, therefor he approved the obituary and confirmed my dad acknowledged me as his son).

Also interesting to note that his DNA may be available still depending on how long ago he passed away. Samples (blood, tissue, etc.) taken for medical purposes are generally available for some time after being taken. If he was ever on a transplant list (organs, bone marrow, etc.) they are said to be able to help (haven't gotten an answer on how long that is available as I could use that route perhaps). Also, if a person died in an automobile accident samples are taken for toxicology purposes. If an autopsy was performed then generally samples are retained (again I haven't been able to locate a clear answer for how long). My father had some biopsies performed at a major "learning" hospital, Shands, at the University of Florida. Their site says they retain all medical records for a minimum of 8 years but often times much longer. Since they are an educational hospital they are likely to retain tissue samples for longer, if not permanently for teaching opportunities. These options for testing his DNA are obviously more challenging to coordinate as only the person's next of kin can release the records or samples (without court order). Therefor a family study is going to be the most cost effective and timely method.

Related note: The Uniform Parentage Act, as amended in 2002 assures the right of a "child" defined under the amendment as an individual of ANY age to have their paternity determined even if it requires a court order for a comparison sample to be provided. Prior to 2002 "child" was interpereted as being a minor under 18 years old but allowed for a "look back" period of I believe 5 years after turning 18 to make a request. Thankfully this has changed for the better.

Sorry for getting off on so many tangents. Hope it was somewhat helpful.

Check out the Labcorp site.
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