birth register for adult after decree

[kaitb]

My father is a registered italian citizen born abroad before i was born ( I was born 29 years ago in USA). But, till this day my father never registered my birth at the consulate/comune. According to italian law im considered an italian citizen by birth, so the fact that he didn't register it doesn't take away my citizenship. My father has an appointment to transcribe my birth certificate soon, which I understand is just an administrative process to be formally recognized as a citizen. I understand the new decree doesn't affect my citizenship by birth because it clearly states that it isn't retroactive. It would only affect those acquiring citizenship after the decree was announced. I was wondering if the fact that im already an adult requires for my father to bring in to the consulate alongside the other documents required, a signed authorization stating that I authorize my father to turn in my birth certificate, or if there is any kind of resistance towards this now, since a lot of people are confused with the decree, even though im clearly protected by the law.

[CaputoBruno]

Good evening, @Kaitb -

I recommend that you contact your local Italian consulate promptly. Since you are now an adult, your father cannot complete the birth registration process on your behalf. Italian consulates generally require that adults submit their own applications for the registration of vital records. For instance, the Consulate General of Italy in Philadelphia states:

"Any request to register the birth of a child, over the age of 18, will be rejected and returned to the parent. Adult children who wish to become Italian citizens and who meet the eligibility requirements for jure sanguinis, may present an application to the Italian Consulate in whose jurisdiction they reside."

Similarly, the Consulate General of Italy in Los Angeles notes:

"Requests to transcribe birth records of children who have already reached the age of 18 will be returned to the parent without action. If the adult child wants to become an Italian citizen, he will have to make an appointment for the recognition of Italian citizenship through the Italian authority territorially competent for his residence."

However, you may be able to accompany your father to his appointment, provided the consulate permits it. It's crucial to verify this directly with your consulate, as policies may vary.

Given that you're an adult, you will need to initiate the process yourself. It's advisable to do this as soon as possible, especially to ensure all necessary documentation is in order while your father is available to assist if needed. If there is a potential for delay, having your father provide a notarized letter acknowledging paternity could be beneficial, although it's typically not required.

If your father is registered with AIRE (Anagrafe degli Italiani Residenti all'Estero), he might have access to the Fast It portal, which could facilitate certain aspects of the process. Nonetheless, the primary responsibility for registering your birth now rests with you.

Please remember that this forum serves as a general guide. Your local consulate is the definitive authority on these matters, so it's essential to consult them directly to ensure compliance with their specific requirements.

Regarding your citizenship status, since your father was an Italian citizen at the time of your birth, you are considered an Italian citizen by descent (jure sanguinis). However, because your birth was not registered while you were a minor, you now need to apply for recognition of your citizenship. This process involves submitting:

A certified, long-form copy of your birth certificate, apostilled and translated into Italian.

A copy of your father's Italian passport or other proof of his Italian citizenship.

Any additional documents required by your consulate.

Initiating this process promptly will help ensure a smoother experience.