Name Change Confusion

[Enrico]

I'm an American-born citizen with Italian ancestry through my great-grandpa (on my dad’s side).

My mother married and divorced the man she was with before my father, but she did not change her last name back to her maiden name after divorcing him.

Then my mother and father met, but they never married, and so she did not change her name while they were together.

By the time I was born, my parents had separated, so instead of being given my father's last name, I was given the last name my mother had at the time, which happened to be the last name of the ex-husband she had divorced before she met my father. However, I was given my father's last name as my second middle name.

But then, when I was two years old, my mom changed my last name to my father's last name. Basically, my second middle name was cut and pasted to where my original last name had been, with the last name I was born with being the only name that was removed completely (so my four names were cut down to three).

Later my mom would go on to marry and divorce a second time (relationship number three), and again, just as with her first marriage, she changed her last name for the marriage, but did not change her name back after the divorce.

Do these name changes for me and my mother prevent me from having Italian citizenship?

What about the fact that I was born out of wedlock?

And will the Italian Consulate need proof of my mother's name changes, marriages, and divorces that happened before and after she was with my father?

[jennabet]

Even if your Italian father's name does appear on your birth certificate, the fact that your parents were never married means you will have to prove he's your father. If he's still living, you can get him to sign an affidavit stating you are his son. If he's deceased or refuses to acknowledge you, you do not have a case for Italian citizenship through your paternal great-grandfather. And yes, if you do have a case, you will have to provide documents for all the name changes, marriages, divorices, etc. Good luck.

[Enrico]

Thank you for the reply.

My dad is deceased. Are there no exceptions to using an affidavit from him as proof that I'm his son? Because the proof I have otherwise is impossible to refute. Besides my birth certificate (which does list my father's name as my father), I have other documents that collectively prove I'm his son, such as letters, emails, medical records, and obituaries.

I have emails from my dad about a year and a half before he died. In them, he goes into extremely clear detail about our ancestry, stating the full name of each relative going back to our most recent Italian ancestor and beyond, and their relation to me. The level of clarity in these emails is unprecedented. They almost seem as if they're legal documents themselves, because they're so unusually thorough and specific, never leaving leeway for interpretation and always being specific with full names and other details such as dates and places.

In some of the emails sent to me, he signs them as "Dad." In one of them, he signs his name and puts "Dad" in parenthesis. In another email he forwarded to me, he describes me as his son to someone else, specifying my full name and the city where I lived at the time.

As for my dad's identity, he also states his full name, his address, and his phone number in one of the emails. I also have proof that my dad is the one who sent the emails because I'm the administrator of my dad's estate and I have medical records signed by him that confirm the email address used in the emails mentioned above is his.

The published obituaries of my father's parents state my full name, the city of my residence, and my relation to them as their grandson.

Wouldn't all of this combined be sufficient proof that I'm my father's son?

And as a bit of supporting evidence, I can get affidavits signed by my mom and my dad's brother and sister stating that I'm my father's son. And I have a DNA test result that confirms I'm Italian. If I had my mom and my dad's brother and sister all undergo this same genetic analyses and have their results compared to my own, it would show a connection. I also have photos taken throughout various stages of my life with me and my father together. There's a physical resemblance between us as well.

[jennabet]

But you don't have the most important document, a marriage certificate. In Italy, a father's name on a birth certificate doesn't mean anything. If, however, the father is legally married to the mother at the time his name is placed on the birth certificate, then indeed Italy considers him to be the father of this woman's child. This is how it works in Italy. Your documentation does not really prove without a doubt he is your father. Plus all of your mother's marriages, divorces, name changes, etc. puts doubt as to who your father is. If he were alive and could appear in person with you at the consulate, they would have to take his word because he's an Italian citizen. You could try making a case with the documentation you have but I don't think an Italian consulate will buy it. Like I said, you don't have what they want. A marriage certificate.

[Enrico]

Thanks again for the reply.

If anyone can think of any other forms of proof that might help someone prove their father is who they say he is, please let me know.

[OpusReticulatum]

Enrico,

Ciao.

I have a few observations/suggestions concerning your situation.


1) The consulates need to establish an unbroken line of transmission of citizenship in jure sanguinis (JS) citizenship cases. For that, they need to establish parentage - paternity, in your case - and an acknowledgement of that paternity. Italian citizenship law does not require parents to be married in order for JS citizenship to be passed on to children. While a birth certificate (BC) and a marriage certificate (MC) together are the easiest way for consulates to do this, it is not the only way.


2) Your case is a little more challenging because your father has passed, and cannot write an affidavit for you. However, you don't seem to be without hope, because:

a) You report that you had communication with your father and he acknowledged you has his son in his emails. They probably wouldn't be accepted by a consulate, but they might be by a lawyer. See (e) below.

b) You have a birth certificate naming him as your father. Some states require an unmarried father to sign a voluntary declaration of paternity of before he can be listed on a child's BC. Find out what the laws of your state of birth were at the time you were born.

c) You are the administrator of his estate. Was this set up when he was alive? Did you inherit anything from him? Are there any legal documents that say, "I name my son, Enrico, as the administrator of my estate" or "To my son, Enrico, I leave ______"? I'm not a lawyer, but such things would seem to be legal acknowledgments of paternity.

d) Did your mother and father have a legal arrangement for him to pay child support? Again, I'm not a lawyer, but I believe that paternity has to be established in order for a father to be obligated to pay child support.

e) It might be possible to take the evidence of (a) through (c)/(d) above and obtain a posthumous proof of paternity. These have been done in the past, usually for inheritance and insurance beneficiary matters. This would involve a lawyer and the courts, but an attorney experienced in these matters could advise as to the process and acceptable evidence.


3) If the consulate rejects you, you might be able to make a case for citizenship via the courts in Rome. This would be costly, and would take some time, but that might be an option of last resort. It shouldn't come to that, but just be aware of it as a possibility.


All of that said, it's possible the consulate would accept your BC alone as proof of acknowledgement of paternity. But, it's possible they may want more. Some consulates are more picky than others. Some citizenship officers at the consulates are more experienced than others. As such, it can be hard to predict what kind of answer you would get from a consular official. However, it doesn't seem, at least to me, that you are without any options.

[jennabet]

When this candidate was born he was given the name of his mother's ex husband and he kept that name for two years. What proof did the mother have when she changed his name to that of the Italian man she had a brief affair with and to whom she was not married? If there was no DNA test to confirm absolute paternity and since the man he's claiming to be his father is deceased and was never recognized himself as an Italian citizen, this is not going to fly with any consulate or court and any later "proof" is not any proof at all.

[OpusReticulatum]

When this candidate was born he was given the name of his mother's ex husband instead of the name of the Italian man she later claimed was the father.

She didn't make the claim that the Italian man was Enrico's father later. She claimed he was the father when Enrico was born. He's listed as the father on the birth certificate.

She changed Enrico's surname to the Italian man's later, but claimed he was his father from the beginning.

As for the surname issue, she was married to her first husband (A) and took A's surname as her legal surname. After she divorced A, she kept A's surname. This is not unusual. It's quite common in the US for a woman to retain her married surname after a divorce.

Enrico's mother met the Italian man (B) and had a child with him, but did not marry him.

When Enrico was born, he was given his mother's married surname at the time (A's surname). That's also not unusual, since it was his mother's legal surname when he was born. Commonly, unmarried parents give the child the father's surname, but not always.

Note that Enrico's mother did give him B's surname as his middle name. That seems to indicate some relationship to B, and he is also named as the father on the birth certificate. While that's not proof on it's face*, it's not as if there was no mention of B in relation to Enrico, and then several years later, out of the blue, his mother claimed B was the father. *(Unless Enrico was born in a state that only lists unmarried fathers on their BCs if they acknowledge paternity.)

This is going to be a big problem for a consulate AND a court.

If Enrico can show a court-ordered proof of paternity, then it shouldn't be a problem for the consulate. It would be like producing a one-and-the-same order when someone needs to prove that Paul Benson is the same person as Panfilo Benedetti.

In my opinion, any "proof" that took place as the years went on is not any proof at all.

If a relationship can be legally established and proven, then it can be legally recognized. Proof isn't discarded just because years have passed. If that were the case, innocent people would remain in prison despite newly unearthed evidence or other proof of innocence.

If you received a legitimate (non scam) letter from a lawyer telling you that you stood to inherit several million euro from a rich uncle you never heard of, as long as you could prove you were his niece, would you try to do so? Or would you simply decline and say that you had never heard of him before, and therefore too many years had passed for any proof to be valid?

[jennabet]

You may be able to get a US lawyer to make cases for what you're saying but I don't think any of it will fly with Italian consulates/courts for the purpose of proving this person is an Italian citizen. Get back to us when it actually happens.

[OpusReticulatum]

You may be able to get a US lawyer to make cases for what you're saying but I don't think any of it will fly with Italian consulates/courts for the purpose of proving this person is an Italian citizen.

I'm not sure why the consulates wouldn't accept it.

The consulates and courts routinely accept "one and the same" orders issued by US courts.

If the consulate will accept a US court order stating that "the petitioner has demonstrated to our satisfaction that Paul Benson and Panfilo Benedetti are one and the same person," why wouldn't they accept a similar US court order stating that "the petitioner has demonstrated to our satisfaction that _____ is the father of _______"?


The stakes aren't any lower with "one and the same" orders. If an applicant can't get a "one and the same" order to prove their in-line ancestor was who they say he or she was, their case will break down at that point and they won't be recognized as Italian citizens. They aren't any less important, any less of a gatekeeper to the consulates, or held to any lower standards, than a court recognition of paternity would be.


Also, Italian law recognizes court-determined paternity and maternity (art. 269 Codice civile).

"La paternità e la maternità [naturale](2) possono essere giudizialmente dichiarate nei casi in cui il riconoscimento è ammesso"


While the law does say that mere declarations and the existence of a relationship do not constitute proof of paternity,

"La sola dichiarazione della madre e la sola esistenza di rapporti tra la madre e il preteso padre all'epoca del concepimento non costituiscono prova della paternità [naturale](2)(4)"



the law does state that proof may be provided by any means:

"La prova (3) della paternità e della maternità può essere data con ogni mezzo [30 Cost.]."

https://www.brocardi.it/codice-civile/l ... rt269.html

Today, "any means" includes DNA evidence, which Italian courts will accept, just as US courts do. Enrico stated that his paternal relatives are willing to participate in DNA testing on his behalf, if need be.

So, if Enrico has enough legal evidence to prove to a US court's satisfaction that the Italian man was his father, then he should be able to get a declaration from the court, and it should be acceptable to the consulate. If, for some reason, it is not accepted, it could be adjudicated in an Italian court. But it shouldn't have to get to that point.

[jennabet]

Well who knows? Anything can happen considering that in 2015 Italy actually gave Italian citizenship to more than 300 dead African migrants who drowned in the Mediterranean Sea trying to reach Italy illegally. Italy also recently gave Italian citizenship to a British boy who's parents wanted him to be treated for an illness in Italy but who was not allowed to leave Britain. He also died. And just yesterday, the Mayor of Palermo took it upon himself to bestow honorary Italian citizenship on 300 children born in Italy to illegal migrants. So again, anything can happen. If citizenship is supposed to be precious, it might be nice if Italy placed more value on it's citizenship. Personally I'm insulted that just about anybody who wants one can have an Italian passport, no questions asked. Let's just bend the rules for everyone.

[OpusReticulatum]

Well who knows? Anything can happen considering that in 2015 Italy actually gave Italian citizenship to more than 300 dead African migrants who drowned in the Mediterranean Sea trying to reach Italy illegally.

None of these examples have anything to do with Enrico's case.


When PM Letta granted Italian citizenship to the migrants who died trying to reach Lampedusa, it was ultimately a symbolic act. While they were officially made citizens, the migrants were dead. They weren't going to be applying for passports or enrolling with SSN or INPS.

Also, remember that over 150 of the migrants who sailed with them survived the catastrophe. They lived. They reached Italy. The survivors were not granted Italian citizenship.

Italy also recently gave Italian citizenship to a British boy who's parents wanted him to be treated for an illness in Italy but who was not allowed to leave Britain. He also died.

The Alfie Evans matter was an extremely sad one. One could argue whether or not granting citizenship was the best thing to do, if other avenues could have been pursued. However, the child was very close to death at that point. Almost no one, including the staff at the Italian hospital Alfie's parents wanted to send him to, expected him to survive. Italy granting Italian citizenship to a dying child in his last days, in a final attempt to get him treatment that likely wouldn't work in the end, is not the worst thing a country could do.

And just yesterday, the Mayor of Palermo took it upon himself to bestow honorary Italian citizenship on 300 children born in Italy to illegal migrants.

It was 82 children, and it was not honorary Italian citizenship. They were made honorary citizens of the city of Palermo. A mayor doesn't have the power to confer real,or honorary, national citizenship on anyone. While honorary citizenships are nice honors, they don't mean anything legally. Mayors in cities around the world make people "honorary citizens" all the time. Usually it's someone famous. The Dalai Lama was made an honorary citizen of Rome, Venice, and Palermo. No one thinks he's now an Italian citizen because of that. Pope John Paul II, Bob Dylan, George W. Bush, Luciano Pavarotti, Bill Clinton, the Dalai Lama (there he is again!), and many others have been made honorary citizens of Calgary. Does anyone really think that made them Canadians?

Personally I'm insulted that just about anybody who wants one can have an Italian passport, no questions asked. Let's just bend the rules for everyone.

Except for Alfie Evans, none of the people in your examples would have been able to get an Italian passport. The migrants were dead, and the 82 children still don't have Italian citizenship. Since Alfie Evans died was dying when he was granted Italian citizenship, it's possible the Italian government expedited one for him when they were trying to help his parents get him out of the UK. And since he was only 23 months old and in a semi-vegetative state when he gained citizenship, I'm pretty sure he never asked anyone for an Italian passport.

So again, anything can happen. If citizenship is supposed to be precious, it might be nice if Italy placed more value on it's citizenship. Personally I'm insulted that just about anybody who wants one can have an Italian passport, no questions asked. Let's just bend the rules for everyone.

If that is the case, and Italy just hands out passports, why did you tell Enrico that he was going to have a hard time getting the consulate to accepting the information on his birth certificate as official? If there are no questions asked, and the rules are bent for everyone, why did you say that the a US court-ordered declaration of paternity wouldn't mean anything to the consulates or US courts?

The examples you cited have no relationship to Enrico's case. He was born to an Italian citizen, and that means he is also an Italian citizen, and has been one from birth.

He came here looking for advice on how to best present his case to the Italian consulate so that he can obtain recognition as the Italian citizen that he is. Hopefully, we can help him to be successful in his endeavor.

[jennabet]

When PM Letta granted Italian citizenship to the migrants who died trying to reach Lampedusa, it was ultimately a symbolic act. While they were officially made citizens, the migrants were dead. They weren't going to be applying for passports or enrolling with SSN or INPS.

Yes, indeed all 300 of those Italian citizen migrants were dead and buried in Sicily and it sounds like maybe you think they don't have any descendants. By the way, my grand-father was dead too when I started my recognition process. If Italy continues to not put a very high value on it's citizenship and intend it to be given only to candidates who can help make Italy a better place, we are likely to see even more Nigerians suing Italy for not picking them up out of the sea and letting the Libyans do it instead.

[OpusReticulatum]

Yes, indeed all 300 of those Italian citizen migrants were dead and buried in Sicily and it sounds like maybe you think they don't have any descendants. By the way, my grand-father was dead too when I started my recognition process.

I admit, should have been more careful and not have written that the victims of the Lampedusa tragedy "officially" became citizens. I thought that I had seen a reference to it being official, but I believe I was mistaken.

It appears that this is yet another case of honorary citizenship.

https://www.economist.com/news/europe/2 ... about-boat
(This article specifies that the citizenship granted to the victims was honorary.)


So, there will not be hundreds of people obtaining jure sanguinis citizenship as descendants of the victims of the Lampedusa tragedy.

If Italy continues to not put a very high value on it's citizenship and intend it to be given only to candidates who can help make Italy a better place

,

Again, if Italy is so readily handing out citizenship to everyone, why did you tell Enrico he had such an uphill, and doubtful, climb?

we are likely to see even more Nigerians suing Italy for not picking them up out of the sea and letting the Libyans do it instead.

Now we're getting into matters international, maritime, and refugee law. While those concerns are certainly ripe for discussion and debate, they aren't germane to this particular thread.