IMPORTANT NOTICE: As of January 11th, 2024, the Apostille Convention will come into effect in Canada.
For more information visit this page.
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REGISTRATION IN ITALY OF FOREIGN CERTIFICATES OF BIRTH, MARRIAGE, DEATH, AND DIVORCE DECREES
Italian nationals, even if they live abroad, are obliged to advise the Registrar or Vital Statistics Office of the municipality in which they are registered in A.I.R.E. of any change in their status (birth, marriage, divorce, or death of a spouse).
To do so, the interested party presents the required documentation to the Consular Office with jurisdiction for their place of residence.
Documents not issued in the area of jurisdiction of this Embassy must be certified according to pertinent legislation in the area in which they were issued, and accompanied by a full translation in Italian (summaries are not accepted.) Interested parties should confirm directly with the appropriate Italian Consulate which documents are required, the availability of translation services, and any additional requirements (i.e. a postilla, in countries where required.)
As regards divorce decrees, the interested parties should contact the Consular Office with jurisdiction for the area in which the decree was issued.
A list of Italian Consular Offices around the world is available here Online consular services (esteri.it).
For the submission of documents to the Consular Office of this Embassy, it is necessary to make an appointment through the online platform Prenot@mi.
REGISTRATION OF VITAL STATISTICS DOCUMENTS AND DIVORCE DECREES ISSUED IN THIS CONSULAR DISTRICT
Here following is a list of the documents required to register vital statistics events in Italy.
Please note that original documents are required and will not be returned.
BIRTH
A minor born abroad to Italian parents is considered an Italian citizen without the need for “declaration of intent to acquire citizenship” only if at least one of the following conditions is met (it will still be necessary to request the Consulate to transcribe the birth certificate with the competent Italian municipality):
- A first or second degree ascendant (parents/grandparents) possesses (or possessed at the time of death), exclusively Italian citizenship;
- The parent who is an Italian citizen has been resident in Italy for at least 2 continuous years following the purchase of Italian citizenship and before the date of birth or adoption of the child;
- At the date of birth, a minor can obtain exclusively Italian citizenship, that is, he or she does not have, nor can he or she have, any other citizenship, for example iure soli (by birth on the territory of the foreign country of residence, as is the case in Canada), citizenship by option, etc.
1) Younger child, born abroad, to a parent who is an exclusively Italian citizen or with a grandfather who is an exclusively Italian citizen or was exclusively Italian at the time of death. This is one of the cases of “automatic” transmission of citizenship. The applicant for the transcription of the birth certificate must prove that he or she possesses exclusively Italian citizenship. If the marriage of the minor’s parents, celebrated abroad, has not yet been registered in Italy, it is necessary to do so before the children’s birth is registered (see Marriage Registration).
2) Minor child, born abroad to an Italian citizen parent or adopted by an Italian citizen who has been resident in Italy for at least two continuous years after becoming Italian and before the birth of the child or the date of adoption. This is one of the cases of “automatic” transmission of citizenship. The applicant for the transcription of the birth certificate must prove that he or she was resident in Italy, for at least two continuous years, after the acquisition of Italian citizenship and before the birth or date of adoption of the child. If the marriage of the minor’s parents, celebrated abroad, has not yet been registered in Italy, it is necessary to do so before the transcription of the birth of the children (see Marriage Transcription).
3) Younger son, born abroad, who can obtain Italian citizenship only and exclusively. A child born in Canada, except in exceptional circumstances, is usually Canadian by birth. Therefore, the case indicated in letter 3) is hardly applicable. In any case, if the newborn cannot (for reasons that will have to be ascertained) be recognized as having any citizenship other than Italian, the request for transcription of the birth certificate may be treated as “automatic transmission
Documents required for transcription request:
- request for transcription of the deed in Italy (download the birth certificate transcription request form);
- original birth certificate:
1. if born in Ontario: the necessary document is the “Certified copy of registration of birth” in the format 8” x 14” (consult: serviceontario.ca);
2. if born in Quebec: the necessary document is the “ Copie d’Acte de Naissance/Copy of an Act of Birth” (consult: etatcivil.gouv.qc.ca); - translation* of the birth certificate in its entirety;
- proof of the Italian nationality of the parent if not resident in this consular district.
For minors whose parent or grandparent has exclusively Italian citizenship, the following are also required:
5. Copy of the parent or grandparent’s Canadian PR Card or Canadian visa/work permit;
6. Documentation relating to any other foreign country in which one has lived, starting from birth. For example: negative certificate of citizenship; attestation of renunciation of foreign citizenship; attestation of non-registration on the electoral roll (if applicable under the country’s regulations).
NB: Certificates produced by foreign authorities must be legalized or apostillized and translated. (For information on legalization procedures or the Apostille, please visit the website of the Italian Consulate or Embassy of the relevant country.)
For minors whose parent lived two continuous years in Italy before the birth of their child and after becoming Italian, the following are also necessary:
7. Historical certificate of residence of the Italian parent, to prove residence in Italy for two continuous years before the child’s birth (to be requested from the competent Italian municipality).
Please note that while the request to transcribe the birth certificate of a minor child refers to the parents’ citizenship, the adult child (aged 18 or over) will instead have to request recognition of Italian citizenship by descent, a prerequisite for requesting the transcription of their birth certificate.
If the request for a transcript does not fall under any of the cases listed above, depending on the circumstances, it may still be possible for both parents to submit a Declaration of Will.
In this case, it is not a question of automatic transmission of citizenship but of acquisition of citizenship for the benefit of the law (art. 4, para. 1-bis of Law 91/92)
For more information on purchasing citizenship for the benefit of the law for minors, please refer to: Purchase of Citizenship for “benefit of law” (minor children born abroad) – Italian Embassy Ottawa
MARRIAGE
In the event that the applicant was married in Italy but divorced abroad, the divorce must be registered in Italy prior to the request for the registration of the second marriage.
Documents required:
1. completed request form (download the form);
2. original marriage certificate:
- for persons married in Ontario, the required document is the “Certified copy of registration of marriage” size 8” x 14” (see: www.serviceontario.ca);
- for persons married in Québec: the required document is the “ Copie d’Acte de Mariage/Copy of an Act of Marriage”(see: www.etatcivil.gouv.qc.ca);
3. full translation* of the marriage certificate;
4. photocopy of the birth certificate of the foreign spouse;
5. proof of the Italian citizenship of the applicant/s if residents outside this consular district.
DEATH
The death of an Italian national (or a former Italian national who has lost his/her/their citizenship) must be registered in Italy.
Documents required:
1. completed request form (download the form);
2. original death certificate:
- for a death in Ontario: the required documenti s the “Certified copy of registration of death” size 8” x 14” (see: www.serviceontario.ca)
- for a death in Québec: the required document is the “ Copie d’Acte de Décès/Copy of an Act of Death” (see: www.etatcivil.gouv.qc.ca);
3. full translation* of the death certificate;
4. photocopy of an identification document of the person requesting the registration;
5. photocopy of the most recent Italian passport of the decedent or of a valid identification document of the decedent;
6. “long form” copy of the Canadian citizenship certificate if the decedent was a naturalized Canadian.
DIVORCE
Foreign divorce decrees can be registered directly in Italy, on the condition that the foreign judge is recognized to rule by Italian law and that the foreign proceedings respect the minimum standards envisaged by art. 64 of law n.218 of May 31, 1995 (in effect 31.12.1996). The Vital Statistics Officer of the municipality in Italy decides whether or not to permit the direct registration of the foreign decree.
Documents required:
1. “Decree Nisi” or “Divorce Judgment” or “Divorce Order”;
2. Certificate of Divorce (“Decree Absolute” or “Certificate of Divorce”);
The aforesaid documents must be submitted to this Consular Office following certification by Global Affairs Canada – Authentication Services Section, and must be accompanied by a translation in Italian*;
N.B. The documents and translation will be kept by this Consular Office, which will proceed with the required legalization according to the fee schedule at this link (see art. 69 of the Table of Consular Fees (esteri.it) for certificates and translations.)
3. Self-declaration and request for registration (download the form), accompanied by the copy of a valid identification document with signature.
*For translation services, applicants may contact:
ATIO Association of Translators and Interpreters of Ontario
www.atio.on.ca, tel. 1-800-234-5030, info@atio.on.ca.