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Vital Statistics - Civil Status
The Civil Registry handles, just as an Italian municipality does, the registration, updating and maintenance of the Civil Registry. There are four Civil Registries: citizenship, births, marriages, and deaths. For each of these matters, the Civil Registry is authorised to issue certified copies of documents filed with it attesting to the civil status of each individual.
In particular, the Consulates receive acts emitted by foreign authorities and transmit them to Italian municipalities for registration.
The Civil Status department of the Consulate, in addition to handling the four registries, helps citizens residing in its jurisdiction to complete the following procedures:
· writing of marriage bans and posting them at the consulate;
· celebration of consulate weddings, as long as there is no local law preventing it;
· transmission of requests addressed to the authorised Prefecture to change a name (considered ridiculous or embarrassing);
· reception and transmission of separation and divorce rulings for registration in the authorised municipalities.
REQUIREMENTS FOR REGISTRATION OF VITAL RECORDS IN ITALY
Any Italian citizen residing abroad must register with the Italian Consulate in the AIRE (Registry for Italian living abroad/Anagrafe degli Italiani Residenti all’Estero). It is mandatory to inform the Aire Office with regard to any changes of residence and to provide the new address, phone number and possibly e-mail address.
All certificates submitted to the Consulate must be obtained from U.S. Vital Records Offices in "Long Form" with the seal of the Secretary of State. This seal (Apostille) is an international method of authentication, which makes a foreign document valid in Italy.
All documents submitted must be translated into Italian by the applicant or by an official translator.
The Consulate will not process any certificates containing errors or certificates missing the Apostille or other required documents. Uncompleted documents will be returned to the applicant.
IMPORTANT: Prior to submitting certificates, carefully check the names, dates and places of birth. In the event of an error or inconsistency, you must request that the issuing office makes the necessary corrections.
The certificates which have not been issued under the territorial jurisdiction of the Consulate of Italy in Newark, will be sent for registration to the relevant Town Hall in Italy through the Italian Consulate where that document has been issued and where the event occurred, for the formal validation as provided by the law.
It is responsibility of the applicant to provide the appropriate certificates that:
1. are in accordance with the law of the issuing Country/State;
2. meet the requirements of the Italian Consulate that serves the area in which the document in question was issued.
All certificates denoting civil status issued by the local authorities have to be presented in original and, where necessary, authenticated and translated into Italian in order for the consulates to send them to the competent municipality.
THIS CONSULATE ACCEPTS DEATH AND MARRIAGE CERTIFICATE REGISTRATION REQUESTS BY MAIL ONLY FOR THE ITALIAN CITIZENS REGISTERED AT THIS CONSULATE.
An Italian citizen duly registered with AIRE will have to ask that the wedding bans be posted at the consulate and will then be able to be married either before the authorised foreign authorities or at the consulate, on the condition that there is no local law preventing this.
The Italian citizen residing in Italy will have to request that the marriage bans be posted in the municipality of residence and can then be married before foreign authorities.
The persons concerned are then required to bring the marriage certificate issued by the local authorities, with relative translation and eventual authentication, to the authorised consulate to be forwarded to the authorised Italian municipality for registration.
Four witnesses must be present
DOCUMENTS REQUIRED FOR THE RECOGNITION IN ITALY OF A DIVORCE DECREE OBTAINED IN THE UNITED STATES (art. of the Law n. 218/1995)
The request the registration of a divorce decree, the following documentation must be personally presented by the applicant to this Consulate.
1) Request for the Registration of the Divorce or "Istanza di trascrizione della sentenza di divorzio" to be filled out and signed by the applicant (form provided by the Consulate, or it can be downloaded by clicking here)
2) Affidavit "Dichiarazione sostitutiva di atto di Notorietà" to be filled out and signed by the applicant who, in doing so, states that there are no other divorce judgements pending in any Italian court (the form can be provided by the Consulate or it can be downloaded by clicking here)
3) Certified Copy of the Divorce Decree. The decree must be presented duly legalized with the Apostille issued by the Secretary of State in which the divorce took place.(To request “APOSTILLE SEAL” : NEW JERSEY DEPARTMENT OF HEALT- DIVISION OF VITAL STATISTICS, CN 370 TRENTON, NJ 08625. Tel 609 633-8258)
4) Certificate from the Court attesting that "the divorce decree is "final" and that there are "no appeals pending". This certificate may also be substituted by a "record of divorce" (certificate of no appeal) issued by the Department of Healt-Vital Records of the State which issued the divorce decree (To request certificates of Vital Statistics ( birth, marriage, death) NEW JERSEY DEPARTMENT OF HEALTH - DIVISION OF VITAL STATISTICS, CN 370 TRENTON, NJ 08625. Tel. 609 633-8258)
5) Photocopy of valid Italian passport.
6) All documents, except n. 1 and 2, must be translated into Italian by an official translator (for a list of translators click here) otherwise the translations must be notarized by a Notary Public and legalized with an Apostille.
ADDITIONAL DOCUMENTATION WHICH MAY BE REQUIRED
In the event that the other party was not present in the court for the divorce proceedings due to failure to appear or missing status, the applicant must also present a declaration by the competent judicial authority stating that current legal procedures were correctly followed in the State where the divorce was obtained in regard to the rights of both parties.
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