DIRECTORATE-GENERAL FOR INTERNAL POLICIES FOR INTERNAL POLICIES POLICY DEPARTMENT FOR CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS LEGAL AFFAIRS Life in cross-border situations in the

DIRECTORATE-GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT FOR CITIZENS' RIGHTS AND

CONSTITUTIONAL AFFAIRS

LEGAL AFFAIRS

Life in cross-border situations in the EU

A Comparative Study on Civil Status

ANNEX III - COUNTRY REPORT D

ITALY

This Report has been prepared by Silvia Brunello for Milieu Ltd, under contract to the European Parliament, Directorate-General Internal Policies, Directorate C for Citizens Rights and Constitutional Affairs (Contract No IP/C/JURI/IC/2012-019). The views expressed herein are those of the consultants alone and do not represent the official views of the European Parliament.

Milieu Ltd (Belgium), 15 rue Blanche, B-1050 Brussels, tel: 32 2 506 1000; fax 32 2 514 3603.

PE 474.395 EN

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Life in cross-border situations in the EU - Annex III - Country Report on Italy

CONTENTS

LIST OF ABBREVIATIONS.......................................................................... 3

1. GENERAL RULES .................................................................................. 4

1.1 Civil Status Registration System ........................................................ 4

1.1.1 Type of civil status registration system.......................................... 4 1.1.2 Organisation.............................................................................. 5 1.1.3 Accessibility............................................................................... 8 1.1.4 Notion of civil status ................................................................... 8 1.1.5 Notion of authentic act................................................................ 9 1.1.6 Types of registers and registered events........................................ 9 1.1.7 Registration of the main events .................................................. 13 1.1.8 Correction/cancellation/replacement/addition ............................... 15 1.1.9 Access to information................................................................ 19

1.2 Specific Cross-Border Issues ........................................................... 21

1.2.1 Language issues....................................................................... 21 1.2.2 Legalisation and Apostille .......................................................... 22 1.2.3 Recognition of foreign civil status documents: administrative formalities ......................................................................................... 23 1.2.4 Recognition of the content and of the effects of foreign civil status documents......................................................................................... 25 1.2.5 Consular Registration................................................................ 26

2. MAIN EVENTS ....................................................................................27

2.1 Birth ............................................................................................ 27 2.2 Surname and Forename.................................................................. 27 2.3 Marriage....................................................................................... 29 2.4 Registered Partnership or Similar ..................................................... 31 2.5 Nationality .................................................................................... 32 2.6 Death........................................................................................... 34

INFORMATION SOURCES.........................................................................36

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Policy Department for Citizens’ Rights and Constitutional Affairs

LIST OF ABBREVIATIONS

c.c. Civil Code (Code civil)

c.n. Code of Navigation

Const. L. Constitutional Law

D.L. Decree Law

D.P.R. Decree of the President of the Republic

I.D. Interministerial Decree

L.D. Legislative Decree

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1. GENERAL RULES

1.1 Civil Status Registration System

1.1.1 Type of civil status registration system

Event-based registration system;

Person-based registration system; or

Central popular register

Any other relevant information.

The most recent law governing the registration of civil status events is D.P.R. n. 396/2000 of 3 November 2000 “Regulation to revise and simplify the civil status registration system, in accordance with Article 2(12) of Law n. 127/1997 of 15 May 1997”1. According to Article 10, ”all civil status events related to citizenship, birth, marriage and death, occurred in the territory of the municipality or anyway concerning a person resident within this territory are recorded in each registry”.

Furthermore, the following registers have been set up for specific reasons:

A register of population for Italian citizens living abroad, “anagrafe dei cittadini Italiani Residenti all’Estero”2 known as AIRE, which contains data of Italians living abroad for more than 12 months. Responsible for holding and keeping those registers, as for the register of population residing in Italy (“anagrafe della popolazione residente”), is the municipality of the last residence of the person concerned or, in case of birth and continuous residence abroad, the municipality of the last residence of his/her mother, father or one of his/her ancestors. All information regarding a person’s civil status (birth, marriage, divorce, death) and his/her residence are recorded in the AIRE at municipal level and sent, via a secured email, to a central registry kept by the Ministry of Interior. All Italian citizens have a civil duty to register in the AIRE. As a consequence, they can vote in all Italian elections and referenda (either in the Italian consulate where they reside abroad or in the municipality of last residence, depending on the election) and obtain an identity card and any civil status certificate (either from the registrar of the municipality who keeps the AIRE or the Consular services). When an Italian citizen decides to repatriate, the information regarding him/her is cancelled in the AIRE and recorded in the register of population residing in Italy (“anagrafe della popolazione residente”).

1 D.P.R. 3 novembre 2000, n. 396 Regolamento per la revisione e la semplificazione dell’ordinamento dello stato civile, a norma dell’art. 2, comma 12, della legge 15 maggio 1997, n. 127, available at: http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legge:2000-11-03;396!=vig. 2 The AIRE was established in 1990 by Law n. 470/1988 of 27 October 1988 (Legge 27 ottobre 1988, n. 470, Anagrafe e censimento degli italiani all'estero, [GU n. 261 del 7-11-1988]) available at: http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=1988-1107&atto.codiceRedazionale=088G0533&currentPage=1 and its implementing regulation (D.P.R. n. 323 del 6 settembre 1989, Approvazione del regolamento per l'esecuzione della legge 27 ottobre 1988, n. 470, sull'anagrafe ed il censimento degli italiani all'estero [GU n.223 del 23-9-1989]), available at: http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=1989-0923&atto.codiceRedazionale=089G0399&currentPage=1.

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A national population register, “Indice Nazionale delle Anagrafi”3 known as INA, which is an information system linking all local population registers. The local registries are responsible for updating INA, avoiding any risk of duplication. Thanks to this system, an electronic identity card, “Carta d’Identità Elettronica” known as CIE, will replace all paper-based IDs. A pilot project started in 2000 with a sample of 156 Municipalities and will soon be extended to the whole national territory4.

1.1.2 Organisation

• Briefly describe the hierarchical and practical organisation of the civil registration service at national and local level. Please specify if the registers are computer-based, paper-based or computer assisted.

Civil status falls under the responsibility of the Ministry of the Interior.

A General Directorate for Demographic services (“Direzione Centrale per i Servizi Demografici”)5, under the Department for Internal and Territorial Affairs (“Dipartimento per gli affari interni e territoriali”) of the Ministry of the Interior was created in December 2001, to guide, co-ordinate and support in the following matters:

Civil status;

Register of resident population (“Anagrafe della popolazione residente”);

Register of Italians resident abroad (“Anagrafe degli Italiani Residenti all'Estero”, known as AIRE);

Identity Card, especially the e-ID, known as CIE;

Training.

The Ministry of the Interior has authority to give instructions, directions to the registrars on recording, transcribing, annotating, transmitting and keeping the civil state entries. Registrars, who must comply with the instructions of the Ministry of the Interior, are under the direct supervision of the “Prefetture”6 to which they must turn to for any question concerning civil status.

According to Article 1(1) D.P.R. n. 396/2000, each municipality (“comune”) has a registry. There are 8.092 municipalities in Italy, spread among 20 regions7. However, according to

3 The INA was established by D.L. n. 392/2000 (Decreto legge del 27.12.2000 n. 392 [(GU n.303 del 30-122000], convertito con legge 28.2.2001 n. 26 [G.U. 01/03/2001, n.50]), available at: http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=2000-1230&atto.codiceRedazionale=000G0439&currentPage=14 See I.D. 8 November 2007 (Decreto Interministeriale dell’ 8 novembre 2007). 5 The General Directorate is the national member of the International Commission on Civil Status (Commission Internationale de l’Etat Civil).6 The “prefetture” are the governmental territorial bureaus (http://www.prefettura.it/portale/multidip/index.htm).7 Italy is divided into 20 regions. Five of these regions enjoy a special autonomous status: the two islands (Sardegna and Sicilia) and three regions where historically linguistic minorities have been present (Valle d’Aosta, Trentino-Alto Adige, Friuli-Venezia Giulia). Each region is divided in a number of “province”, which are further divided in a number of “comuni”. The number of “province” (currently 110 in total) and “comuni” is different from

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Article 3 D.P.R. n. 396/2000, besides the registry established in each municipality, it is possible to establish one or more other civil status offices, centralising all information in the central bureau of the municipality in charge of the archives.

The functions of registrar are exercised, within the territory of the municipality, by the mayor or a delegated person8 and according to Article 8 D.P.R. n. 396/2000, in some limited cases, by the diplomatic and consular authorities (Article 8 D.P.R. n. 200/1967 of 5 January 1967, known as “Consular Law”); or by the captain of a vessel or an aircraft (Article 203 c.n.); or the head of a hospital/clinic; or the military commanders within the territory of war or peace interventions.

According to Article 5 D.P.R. n. 396/2000, the registrar records, updates, transmits, transcribes and notes or annotates, in the appropriate registers all civil status events; issues extracts and certificates relating to a person’s civil status; and verify, when requested by a public administration, the content of citizens’ self-certifications.

Diplomatic and consular services have the authority to exercise the same functions attributed to the civil status registrars as regards Italian citizens abroad (Article 8 D.P.R. n. 396/2000 and Article 8 D.P.R. n. 200/1967 of 5 January 1967, known as “Consular Law”).

The civil status registers are kept and held by:

The registrars (the mayor or a delegated person) as regards civil status events registered in their municipality, whether they concern Italian citizens or foreigners. Foreigners are obliged to make all civil status events concerning them registered by the Italian local registrar. Foreign diplomatic agents and consular officers are not prohibited from registering these events also, but failing a consular bilateral agreement, Italian law does not recognise any value to the civil status document drawn up by the diplomatic or consular authorities, except for marriages according to Article 6 of the 1982 Hague Convention9 (on marriages solemnised by a diplomatic agent or a consular officer, under condition that neither of the spouses have Italian nationality and that the jurisdiction of the diplomatic or consular authorities is recognised by the law of its country);

The consular or diplomatic authorities as regards events registered abroad. A copy will be transmitted to the municipality of the last residence in Italy or failing this to Rome.

Civil status documents related to births, marriages and deaths which concern Italian citizens and have been drawn up abroad either by the local authority following the national law or by the diplomatic or consular Italian authorities shall be transcribed, if need be after

one region to another according to the territory and population of the region. Further data is available at: http://www.comuni-italiani.it/regioni.html. 8 According to Articles 1-2 of D.P.R. n. 396/2000, the Mayor may delegate his/her functions to the permanent employees of the municipality; to the president of the district; to a municipal councillor, to the secretary of the Municipality; and, for conducting civil marriages and for nationality matters as referred to in Article 10 of Law 5 February 1992, n. 91, also to citizens who are eligible as municipal councillor.

9 Hague Convention of 12 June 1902 relating to the settlement of the conflict of the laws concerning marriage, available, only in French, at: http://www.hcch.net/index_en.php?act=text.display&tid=13.

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being translated and legalised, in the appropriate local register of the municipality (Article 21-22 D.P.R. n. 396/2000 and Article 33(2) D.P.R. n. 445/2000):

Of the last residence of the interested persons in Italy; or

Failing the residence in Italy, of the municipality where the declaration of birth was registered or the entry of birth transcribed; or

In case of birth and residence abroad, of the place of birth or residence of the father or of the mother.

The transcription is done on the initiative of the person concerned by the civil status document, possibly through the diplomatic and consular authorities.

Without prejudice to Brussels II-bis Regulation10, all foreign decisions concerning Italian citizens’ civil status shall be transcribed in the Italian local register of the municipality where civil status document was drawn up according to Article 64 of Law n. 218/1995 of 31 May 199511. This is the case also for the decisions concerning foreigners when the concerned civil status document was drawn up in Italy.

The transcribed civil status documents or decisions are effective erga omnes.

Article 10 D.P.R. n. 396/2000 introduced an electronic archive to be established in each registry to record all civil status events related to birth, marriage and death, occurred in the territory of the municipality, and records on nationality as regards residents in the municipality. Furthermore, a central database shall be established to ensure copies of all registries in case of natural disasters or other unforeseen events. The Italian Government considered that extensive experimentation is needed before implementing such a reform. So far, the new IT system has been tested in some municipalities in order to adjust it and, later on, extend it to the whole national territory.

As from 2001, a copy of the registers is stored in the “Prefetture” according to Article 109 D.P.R. n. 396/2000 (until 2001 it was stored in the Registry of the Tribunal, “Cancelleria del tribunale”). When all municipalities will manage to introduce the electronic archive, the electronic copy will be stored in the Ministry of the Interior, according to Article 10 D.P.R. n. 396/2000. Each municipality keeps and holds all registers in duplicate and at the end of the year, store one copy in the archive of the municipality and transmit the other copy to the “Prefetto”.

10 Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32003R2201:EN:HTML. 11 Legge 31 maggio 1995, n. 218 Riforma del sistema italiano di diritto internazionale privato [GU n.128 del 3-61995 - Suppl. Ordinario n. 68], available at: http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=1995-0603&atto.codiceRedazionale=095G0256&currentPage=1.

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1.1.3 Accessibility

Is the information on the organisation of the civil registration system and the individual procedures (about registering an event, accessing information, etc.) easily available?

Is it available also in a language different from the national language?

The Ministry of the Interior has a website where all information about the functioning of the civil registration system is clearly explained12. However, the website is available only in Italian and has a limited value, focussing on law instead of practice.

Most of the municipalities have their own website, with different levels of information provided according to the municipality, but information is generally available only in Italian.

At desk level, it is quite rare in Italy to find a person speaking a foreign language, apart from in Valle d’Aosta (French)13, Trentino-Alto Adige (German and Ladin)14 and Friuli-Venezia Giulia (Slovenian)15, and in the Municipalities of the biggest cities, like Roma and Milano, where English is quite common.

1.1.4 Notion of civil status

What does the notion of “civil status” encompass?

Which events are considered to be “civil status event”? Please list.

According to Article 10 D.P.R. n. 396/2000, ”all civil status events related to citizenship,

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http://www.servizidemografici.interno.it/sitoCNSD/documentazioneRicerca.do?metodo=dettaglioDocumento&serv izio=documentazione&ID_DOCUMENTO=1119&codiceFunzione=DO&codiceSettore=SC 13 According to Article 38 of Const. L. n. 4/1948 (Legge Costituzionale n. 4 del 26 Febbraio 1948, Statuto speciale per la Valle d'Aosta, [GU n.59 del 10-3-1948]), available at: http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=1948-0310&atto.codiceRedazionale=048C0004, in Valle d’Aosta authentic acts may be drawn up either in Italian or in French, except for any judicial document, which shall be in Italian. 14 According to L.D. n. 446/1996 (Decreto legislativo 24 luglio 1996, n. 446, Norme di attuazione dello statuto speciale per la regione Trentino-Alto Adige [GU n. 202 del 29-8-1996], available at: http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=1996-0829&atto.codiceRedazionale=096G0469&currentPage=1, modifying D.P.R. n. 574/1988 (Decreto del Presidente della Repubblica 15 luglio 1988, n. 574, Norme di attuazione dello statuto speciale per la regione Trentino-Alto Adige in materia di uso della lingua tedesca e della lingua ladina nei rapporti dei cittadini con la pubblica amministrazione e nei procedimenti giudiziari, [GU n. 105 del 8-5-1989]), available at: http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=1989-0508&atto.codiceRedazionale=088G0454&currentPage=1, the Ladin minority has the right to use Ladin with the administrative authorities within the “provincia di Bolzano”. Furthermore, in the “provincia di Bolzano” all civil status documents are drawn up in duplicate, one in Italian and one in German.15 According to Article 8 of Law n. 38/2001 (Legge 23 febbraio 2001, n. 38 Norme a tutela della minoranza linguistica slovena della regione Friuli-Venezia Giulia, [GU n. 56 del 8-3-2001]), available at: http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=2001-0308&atto.codiceRedazionale=001G0093&currentPage=1, without prejudice to the Italian language as being the official language of the Italian Republic, the Slovenian minority has a right to use Slovenian with the local administrative and judicial authorities, public utility undertaking and municipalities, within the territory where such a minority is traditional present (a list of municipalities or hamlets is generally set up).

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birth, marriage and death, occurred in the territory of the municipality or anyway concerning a person resident within this territory are recorded in each registry”.

1.1.5 Notion of authentic act

What does the notion of “authentic act” encompass (if applicable)?

An authentic act (Articles 2699-2701 c.c.) is that which has been executed before a notary or other public officer authorised to execute such functions.

An authentic act is full proof of the declarations made by the parties and any fact performed in the presence of or by the public officer, unless it be declared and proved to be a forgery.

All civil status documents are authentic acts: not only the original documents but also all copies and extracts16.

1.1.6 Types of registers and registered events

List the different types of civil status registers (if more than one).

For each of the registers answer the following questions:

What are the different categories of civil status events registered in each register?

What are the items/particulars included in the register?

Which authorities hold and keep the register?

Which other authorities (if any) note or keep copies or transcriptions of the registers?

Any additional information

Pending the implementation of the IT archive introduced by D.P.R n. 396/200017, the civil status registers – paper-based – are currently the following:

Registers of births (Title VII, Articles 28-49 D.P.R n. 396/2000)

The registrar18 records (Article 28 of D.P.R n. 396/2000) any declaration of birth received by the registrar who draws up a formal document known as “atto di nascita”; acknowledgement of biological parentage according to Article 254(1) c.c., together with the documents requested under Article 250 c.c., when applicable19; and registration of an abandoned child according to Article 38 of D.P.R. n. 396/2000.

16 See below under “1.1.6. Access to information”: “copia integrale”, “estratto per riassunto” or “certificate”. 17 See supra under “1.1.2. Organisation”. 18 See supra under “1.1.2. Organisation”: the functions of registrar are exercised, within the territory of the municipality, by the mayor but may be delegated to some specific subjects.19 Documents regarding the assent of the child when above 16 years of age, the consent of the other parent who has already acknowledged the child when under 16 years of age.

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The registrar also transcribes (Article 28 D.P.R. n. 396/2000) any civil status event related to birth occurring outside the territory of the municipality of the residence of the interested parties in the register of births of that municipality. In particular, the following shall be transcribed: any declaration of birth, received by the director of the hospital or clinic where the birth occurred; registration of births (“atto di nascita“) occurred abroad; registration of births (“atto di nascita“) occurred on a vessel, an aircraft or a train; foreign decisions on birth matters; decree changing/making an addition to a person’s forename/surname; measures adopted on adoption matters. The civil documents or decisions transcribed are effective erga omnes (the transcription does not give rise to any new right, but only to the possibility to invoke it against third parties, with an exception20).

The registrar annotates21 (Article 49 D.P.R. n. 396/2000) any document or decision related to adoption, lack of capacity, marriage and its dissolution, nationality, parentage acknowledgement, disclaimer of paternity, change of surname or forename, absence and death, as well as any change made to the register of birth.

Items included in the “atto di nascita” (Article 29 D.P.R. n. 396/2000) are:

Place, date and time of birth (multiple births are indicated, specifying the birth order);

Forename, surname, date of birth, citizenship and place of residence of both parents. If the parents are not married, only the details of the mother and/or father who declared the birth in person or who agreed to be mentioned by authentic act;

Child’s forename, assigned according to Article 35 D.P.R. n. 396/2000, and sex;

Identification of the registrar and registration number of the document;

Indication of the way the registrar has ascertained the birth.

The registers of births are kept and held by:

The registrars (the mayor or a delegated person) as regards civil status events related to births registered in their municipality, whether they concern Italian citizens or foreigners22;

The consular or diplomatic authorities as regards civil status events related to births registered abroad. A copy will be transmitted to the municipality of the last residence in Italy or failing this to Rome.

Registers of marriages (Title VIII, Chapter IV, Articles 63-70 of D.P.R n. 396/2000)

The registrar23 records (article 63 of D.P.R. n. 396/2000) any civil marriage solemnised by him/her24, drawing up a formal document known as “atto di matrimonio”, and declarations

20 See infra under “Registers of marriages”. 21 According to Title XII, Articles 102-103 D.P.R. n. 396/2000, annotations are prescribed by the law under the provisions related to the civil status document they shall be added. They have the same legal effect of the document they are added to.22 See supra under “1.1.2. Organisation”. 23 See supra under “organisation”: the functions of registrar are exercised, within the territory of the municipality, by the mayor but may be delegated to some specific subject.24 The civil marriages solemnised in special circumstances (Articles 101, 109, 110, 111 c.c.) are included.

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of reconciliation of separated couple (Article 157 c.c.).

The registrar also transcribes (article 63 D.P.R. n. 396/2000) any civil status event related to marriage occurring outside the territory of the municipality of the residence of the interested parties in the register of marriages of that municipality. In particular, the following shall be transcribed: any formal document of religious marriages (“atto di matrimonio”) solemnised by a minister of a religion recognised or accepted by law, of marriages solemnised in a municipality other than that of residence of the spouses or abroad, and of marriages solemnised between foreign citizens, including those solemnised in Italy by foreign diplomatic or consular authorities; any decision declaring the existence of the marriage; any foreign judicial decisions concerning the nullity or the dissolution of a marriage or the cessation of its civil effects; and any decision of the Appeal Court executing a decision of nullity of the ecclesiastical tribunal of “Sacra Rota”25. The civil documents or decisions transcribed are effective erga omnes (the transcription does not give rise to any new right but only to the possibility to invoke it against third parties, except for religious marriages where the transcription has a constitutive effect). In case of absence of transcription, the religious marriage does not produce any civil effect; and the marriages solemnised abroad, or outside the territory of the residence of the spouses, or the marriages of a foreigner citizen, solemnised in Italy by foreigner diplomatic or consular authorities, shall be proved presenting a foreign marriage certificate. According to Article 49 D.P.R. n. 396/2000, an annotation concerning the marriage is added to the entry of birth of each spouse.

The registrar annotates26 (Article 69 D.P.R. n. 396/2000 and Article 30 D.P.R. n. 218/1995) any decision concerning the nullity or dissolution of a marriage, any change made to the register of marriages, the choice of a matrimonial property regime, and the will to reconciliate of separated spouses.

Items included in the “atto di matrimonio” (Article 64 D.P.R. n. 396/2000) are:

Forename, surname, place and date of birth, citizenship and place of residence of the spouses and of the witnesses;

The date of publication or of its dispensation;

Mention that the related Articles of the civil code have been read;

The declaration of the spouses containing the will to get married;

Place, date and time of the ceremony;

The declaration by the registrar that the marriage has been celebrated;

25 In Italy two different legal systems coexist, the secular and the canon, known as “ordinamento canonico”, systems. Their relationships are based on the so-called Lateran Pacts of 1929, a mutual recognition accord between Italy and the Holy See, as modified by L. n.121/1985 of 25 March 1985, Ratifica ed esecuzione dell'accordo, con protocollo addizionale, firmato a Roma il 18 febbraio 1984, che apporta modificazioni al Concordato lateranense dell'11 febbraio 1929, tra la Repubblica italiana e la Santa Sede, [GU n.85 del 10-4-1985 - Suppl. Ordinario]. Some events registered by religious authorities may have civil-status effects. This is the case for the so-called “matrimonio concordatario” (see below under “2. Main events, 2.3 Marriages”) and its subsequent annulment under the canon legal system by the appellate Tribunal Apostolicum Rotae Romanae. Please note that the annulment of a religious marriage under he canon legal system does not automatically run the annulment of the civil marriage under the civil legal system, if a marriage has been solemnised under both systems, being different the causes of annulment under the two legal systems.26 According to Title XII, Articles 102-103 D.P.R. n. 396/2000, annotations are prescribed by the law under the provisions related to the civil status document they shall be added. They have the same legal effect of the document they are added to.

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If applicable, the declaration of parental acknowledgement of a child and the choice of patrimonial regime.

The registers of marriages are kept and held by:

The registrars (the mayor or a delegated person) as regards civil status events related to marriages registered in their municipality, whether they concern Italian citizens or foreigners27;

The consular or diplomatic authorities as regards civil status events related to marriages registered abroad. A copy will be transmitted to the municipality of the last residence in Italy or failing this to Rome.

Registers of deaths (Title IX, Articles 71-83 of D.P.R n. 396/2000)

The registrar28 records (Articles 71-75-78 of D.P.R n. 396/2000) any declaration of death received by the registrar or transferred to him/her who draws a formal document known as “atto di morte”.

The registrar also transcribes29 (Article 71 of D.P.R n. 396/2000) any civil status event related to death occurring outside the territory of the municipality of the residence of the interested parties in the register of deaths of that municipality. In particular, the following shall be transcribed: any registration of deaths (“atto di morte”) occurred in Italy in a place different from where the deceased had his/her residence, even if abroad; and registration of deaths occurring on a vessel, an aircraft or a train. The civil document or decision transcribed is effective erga omnes (the transcription does not give rise to any new right but only to the possibility to invoke it against third parties, with one exception30).

The registrar annotates31 (Article 81 D.P.R. n. 396/2000 and Article 30 D.P.R. n. 218/1995) any change to the register of deaths and the recognition of the deceased.

Items included in the “atto di morte” (Article 73 D.P.R. n. 396/2000) are:

Place, date and time of the death;

Forename, surname, place and date of birth, citizenship and place of residence of the deceased;

Forename and surname of the (ex-)spouse, if the deceased was married, widowed or divorced;

Forename, surname, place and date of birth, citizenship and place of residence of the informant;

27 See supra under “1.1.2. Organisation”. 28 See supra under “1.1.2. Organisation”: the functions of registrar are exercised, within the territory of the municipality, by the mayor but may be delegated to some specific subject.29 Any civil status event related to death occurring outside the territory of the municipality of the residence of the interested parties shall be transcribed in the relevant register of that municipality.30 See supra under “Registers of marriages”. 31 According to Title XII, Articles 102-103 D.P.R. n. 396/2000, annotations are prescribed by the law under the provisions related to the civil status document they shall be added. They have the same legal effect of the document they are added to.

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Forename, surname and official role of the registrar.

The registers of deaths are kept and held by:

The registrars (the mayor or a delegated person) as regards civil status events related to deaths registered in their municipality, whether they concern Italian citizens or foreigners32;

The consular or diplomatic authorities as regards civil status events related to deaths registered abroad. A copy will be transmitted to the municipality of the last residence in Italy or failing this to Rome.

Registers of citizenship (Title VI, Articles 23-27 D.P.R. n. 396/2000)

The registrar33 records (Article 23 D.P.R. n. 396/2000) any declarations concerning nationality, according to the law.

The registrar transcribes (Article 24 D.P.R. n. 396/2000) any decree or decision on recognition, loss or reacquisition of Italian nationality; communication of the Mayor, the Ministry of the Interior and the diplomatic and consular authorities on the results of a verification; and measures on the recognition of the options of Italian nationality in accordance with Article 19 of Law n. 91/1992 of 5 February 1992.

The registers of nationality are kept and held by:

The registrars (the mayor or a delegated person) as regards entries on nationality registered in their municipality, whether they concern Italian citizens or foreigners34;

The consular or diplomatic authorities as regards entries on nationality registered abroad. A copy will be transmitted to the municipality of the last residence in Italy or failing this to Rome.

1.1.7 Registration of the main events

List the different categories of civil status events. For each of the events answer the following questions:

Who may or must apply for its registration?

Which items/particulars are registered?

By which authority and through which procedure can the event be registered?

When the civil event happened abroad, is the event registered in a national register? (please specify under what conditions and whose responsibility it is to communicate the event to the national authority)

Which authorities (national and foreign) are notified of the event?

32 See supra under “1.1.2. Organisation”. 33 See supra under “1.1.2. Organisation”: the functions of registrar are exercised, within the territory of the municipality, by the mayor but may be delegated to some specific subject.34 See supra under “1.1.2. Organisation”.

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Which document(s) or any administrative formalities are needed?

What are the costs and indicative time for each procedure?

Any additional information.

1. Birth

Declaration of birth (“dichiarazione di nascita”)

According to Article 30(1) of D.P.R. n. 396/2000, the declaration of birth shall be done by one of the parents, a person nominated as a proxy, a doctor, an obstetrician or any other person assisting in the birth.

If the mother does not want to be mentioned, her will shall be respected.

Furthermore, when the parents are not married, only the name of the parent who declared the birth or who agreed by authentic act to have his/her name mentioned will be registered. When the mother is married, she may declare that the baby´s father is not her husband or she may declare the birth together with the biological father.

Births occurring in Italy: the registrar of the municipality where the birth occurred receives the declaration of birth and draws up a formal document of birth, known as “atto di nascita”. The administration of the hospital or clinic where the birth occurred has also the capacity to receive the declaration of birth and shall transmit it to the registrar of the municipality where the hospital/clinic seats or, if parents request so, of the municipality where the parents reside.

Births occurring abroad (Article 15 D.P.R. n. 396/2000): the diplomatic agents or consular officers have the capacity to receive the declaration of birth of Italian citizens born abroad. When there is an obligation to declare a birth before the competent local authorities under the foreign law, the person declaring the birth shall transmit a copy to the diplomatic or consular authorities.

To declare a birth, the following information shall be provided to the registrar (Article 30(2) D.P.R. n. 396/2000): a birth attestation35, containing forename, surname and date of birth of the mother, indication of the municipality, hospital/clinic or any other place of the delivery, date and time of birth and sex of the child.

Once received a declaration of birth, the registrar draws up a formal document known as “atto di nascita” and record it in the register of birth (for further information on the items contained in the entry of birth, see supra under “1.1.6. Types of registers and registered events, 1. Registers of births”).

2. Marriage

Main documents required to form a marriage file

According to Article 51(1) D.P.R. n. 396/2000, the future spouses shall provide for the

35 This is generally issued by the medical staff, but can be replaced by a declaration according to Article 2 of Law n. 15/1968 of 4 January 1968 (see Article 30(3) D.P.R. n. 396/2000).

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publication of the marriage which is compulsory and shall last 8 days (Article 93 c.c. and Article 55(3) D.P.R. n. 396/2000), a declaration (in principle valid for 6 months but which can be prolonged) certifying forename, surname, place and date of birth, citizenship and place of residence of both future spouses, their matrimonial status, existence of any prohibition or impediment.

A certificate of capacity to marry, known as “nulla-osta”, is required for foreign nationals. This will be issued by the foreigner local authorities according to that national law (Article 116 c.c.) and, failing a bilateral or international convention, shall be translated and legalised.

According to ICCS Convention n. 20 on the issue of a certificate of legal capacity to marry, signed at Munich on 5 September 1980 and entered into force in Italy on 1 July 1985, the same certificate can be issued in the event of a marriage abroad by Italian registrars or the diplomatic or consular authorities.

Solemnisation of the marriage

The civil marriage is solemnised by the registrar (Article 47 D.P.R. n. 396/2000), while the religious marriage is solemnised by the ministers of a religion recognised or accepted by law (Article 82-83 c.c.). Diplomatic and consular agents abroad have the power to solemnise a marriage between two Italian nationals, according to the 1902 Hague Convention.

According to Article 107 c.c., the future spouses must appear in person in order to exchange consent during the solemnisation of the marriage. The registrar will draw up or transcribe a formal document known as “atto di matrimonio”36 and record it in the register of marriages.

3. Death

Declaration of death (“dichiarazione di morte”)

According to Article 72 of D.P.R. n. 396/2000, the declaration of death shall be done by the spouse, another person who was living with the deceased or any other person informed of it. When the death occurred in a hospital or clinic, the head or delegated person of the administration shall declare the death. The declaration must be made within 24 hours. There is no penalty in case of absence of declaration, but in this case the registrars needs to authorise in writing the burial (Articles 74 and ff. D.P.R. n. 396/2000). The declaration is made to the registrar of the municipality where the death took place, or, if not known, where the corpse was found (Article 72(1) D.P.R. n. 396/2000). When the death took place abroad, the declaration shall be made to the diplomatic or consular authorities. In case the local law prescribes the declaration shall be done to the local competent authorities, the informant shall transmit a copy of the declaration to the diplomatic or consular authorities.

1.1.8 Correction/cancellation/replacement/addition

Can changes be made to civil status registers? YES

36 See supra under “1.1.6. Types of registers and registered events, 2. Registers of marriages”.

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Question Correction37 Cancellation38 Replacements39 Additions40

By which authority? By the registrar or by the Court The court The court Same procedure as for the replacement

Who can ask for it? the registrar on his/her own initiative or on the application by the interested party (procedure is ex officio) or on the application of the interested person or on the prosecutor request (Court)

On the application of the Public Prosecutor Same procedure as for interested person the replacement

Cancellation is pronounced by Judicial decision of Same procedure as for the court. The delivery of a replacement is indicated in the replacement copy or an extract of a the concerned document cancelled document is not possible. The reconstitution of a cancelled or lost record is made by the court by filling the gap with a copy of the double stored records. If both originals are destroyed or lost, acts may be reconstituted by the court on the request of the public prosecutor using judicial and notarial documents. The Minister of the Interior may delegate the task to a local

Through which The registrar must inform the procedure? prefetto and the Public

Prosecutor. Any interested party or the public prosecutor may apply to the court, within the jurisdiction of where the register is located, to object the correction (Article 454 c.c.; Article 98 D.P.R. n. 396/2000). Foreign civil status documents, once transcribed, can also be corrected on the basis of a court judgement upon the application of an interested person. The Court's decision is forwarded to the registrar. The correction is made in the form of

37 Articles 95 to 101 D.P.R: n. 396/2000. 38 Article 95 D.P.R: n. 396/2000. 39 Article 109 D.P.R: n. 396/2000. 40 Article 109 D.P.R: n. 396/2000.

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an annotation in the margin of commission. the civil status document.

Which specific items/particulars may be corrected/cancelled/

In principle all items/particulars.

incorrect A civil status entry may be cancelled from the register if its essential content is false or

If a register is lost, destroyed or mutilated or become illegible, it can be replaced if

replaced or subsequently added?

the act is irregularly drawn up although its content is exact. Furthermore, an annotation to a civil status entry in case of

a duplicate is available. If no copies are available the Court may decide to reconstitute them through

cancellation by a court decision of the legal act which gave rise to the entry.

judiciary acts. The Ministry of the Interior may ask a commission to work on it when the replacement is particularly difficult.

In case of omitted entries

Which documents or No particular formalities No particular formalities No particular formalities No particular formalities formalities are needed?

Which specific events or decisions can give rise to it?

N/A In principle, if a legal act which gave rise to the entry is cancelled by a court decision (marriage annulled due to bigamy), the corresponding entry is not cancelled but an annotation is made on the margin. In this case, extracts and certificates may e issued with the annotation on the annulment. However, a civil status document may be annulled by

If a register is lost, destroyed or become illegible. The court decision is annotated in the document concerned.

N/A

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a Court decision when the entry is false or duplicate in the register. In this case, no extracts or certificates may be issued.

Under which N/A See supra. The cancelled See supra. See supra. conditions? entry cannot produce any

effect.

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1.1.9 Access to information

For each of the registers mentioned under 1.1.6 answer the following questions:

Who can apply for official documents from the register?

Which official documents can be delivered?

What are the items included in each official document?

What is the procedure to access the register and the delivering authority?

What are the costs and time for obtaining each type of document?


Unconditional and direct access to registers is not possible according to D.P.R. n. 396/2000 and L.D. n. 196/2003 on data protection41. Unless forbidden by law, only interested parties may request an official document entirely or partly reproducing the contents of register entries, issued by the competent registrar (Article 450 c.c. and Articles 106-107 D.P.R. n. 396/2000). Only persons exercising the functions of civil status registrars according to the law, judicial authorities and “Prefetture” have direct access to the registers, without need for any authorisation. However, any person concerned by a civil status document may request a copy of that document. Access to the registers motivated by commercial, scientific (apart from medical reasons) or general information reasons is not admitted. However, access is open for registers older than 70 years (Title II, Article 21 D.P.R. n. 1409/1963 of 30 September 1963 and Article 177(3) L.D. n. 196/2003).

The following official documents may be issued:

A certified copy which reproduces the information as it appears in the register (all signatures and registration numbers included), together with any annotations, known as “copia integrale”. Such a copy may be issued only on request of an interested party and unless the law does not forbid it. It must be accompanied by an attestation from the issuing authority certifying that the copy is like the original (Article 107 D.P.R. n. 396/2000 and Article 177(2) D.L. n. 196/2003 of 30 June 2003);

An extract, known as “estratto per riassunto”, which summarises the items and annotations of the original document. The extract is signed, stamped and dated by the issuing registrar (Article 106 D.P.R. n. 396/2000);

A certificate, known as “certificato”, which contains the details of the persons mentioned in the original document and the most important items. The certificate is signed, stamped and dated by the issuing registrar (Article 108 D.P.R. n. 396/2000);

On request, the international family record book, according to ICCS Convention n. 15, signed in Paris on 12 September 1974 and entered into

41 Decreto Legislativo 30 giugno 2003, n. 196, Codice in materia di protezione dei dati personali, [GU n.174 del 29-7-2003 - Suppl. Ordinario n. 123], available at: http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=2003-0729&atto.codiceRedazionale=003G0218&currentPage=1

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force in Italy on 1 March 1979. On the spouses’ request, the international family record book may be issued by the registrar in the occasion of the marriage ceremony or later on. It reproduces all formal documents of children’s births (“atti di nascita”) and of both parents and children’s deaths (“atti di morte”), together with any annotation, by the issuing authority. It is accepted by the state parties to the Convention without need for legalization or other formalities.

The authorities authorised to issue these documents are those keeping the registers (Articles 5, 8, 106, 107 D.P.R. n. 396/2000), namely:

The registrars (Articles 5, 8, 106, 107 D.P.R. n. 396/2000);

The diplomatic and consular authorities (Article 8 D.P.R. n. 396/2000);

The “prefetto” and/or the Ministry of the Interior, when it is impossible to access to data kept by the municipality (Article 10 D.P.R. n. 396/2000).

No fee is charged for the issue of these documents.

These official documents may be issued by computer when the municipality uses an electronic system, except for the certified copies. In a certain number of municipalities, extracts and certificates may be obtained directly by the interested persons using a computer and their fiscal code number.

ICCS Conventions n. 1 on the issue of certain extracts from civil-status records for use abroad, signed at Paris on 27.09.1956 and entered into force on 7 December 1968, and n. 16 on the issue of multilingual extracts from civil-status records, signed at Vienna on 08 September 1976 and entered into force on 7 December 1978, apply.

Family Record Book (“libretto di famiglia”) An International Family Record Book may be issued according to the ICCS Convention n. 15 introducing an international Family Record Book, signed in Paris on 12 September 1974 and entered into force in Italy on 1 March 1979, on the spouses’ request, either at the occasion of marriage or subsequently.

The Family Record Book contains:

original items and further annotations as regards the entry of marriage of the requesting spouses, birth of their common children, death of any of the spouses or their children (Article 2 ICCS Convention n. 15);

a standard form with all parts translated into all ICCS members languages and Arabic (Articles 8-9 ICCS Convention n. 15);

if applicable, specific mentions foreseen for some ICCS members (Article 3 ICCS Convention n. 15), a number to identify the quality of the mentioned persons (Article 7 ICCS Convention n. 15), the place and number of the Family Record Book (Articles 1 and 2 ICCS Convention n. 15), general information on the spouses (Article 16 ICCS Convention n. 15).

According to Article 11 ICCS Convention n. 15, the International Family Record Book is accepted in all states parties to the Convention without need for legalisation. The content

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of the International Family Record Book is full proof as any other extract or copy of a civil status entry.

Italy is also party to the ICCS Convention n. 24 on the recognition and updating of civil-status books, signed at Madrid on 5 September 1990 and entered into force in Italy on 1 March 1994. According to Article 4 of that Convention, the registrar drawing an official civil status document shall update any Family Record Book issued by another State party to the Convention, except if any updates are foreseen under the Italian law for that case or the content is contrary to the public order.

1.2 Specific Cross-Border Issues

1.2.1 Language issues

In which language(s) and alphabet characters are civil status events registered?

In which language(s) and alphabet characters can official documents be delivered?

What are the rules applying to foreign alphabet characters (e.g. applicable rules on transcription and transliteration)?

According to Article 22 D.P.R. n. 396/2000, all civil status documents are drawn up in Italian. However,

In the “provincia di Bolzano”, all civil status documents are drawn up in 2 copies: one in Italian and one in German (Article 29 D.P.R. n. 574/1988)42;

Within the “provincia di Bolzano”, the Ladin minority has the right to use Ladin with the administrative authorities” (D.L. n. 446/1996, modifying D.P.R. n. 574/1988)43;

In Valle d’Aosta, authentic acts may be drawn up either in Italian or in French, except for any judicial document, which shall be in Italian (Article 38 of L. Cost. n. 4/1948)44;

Slovenian minorities have the right to use Slovenian with the local administrative and judicial authorities, public utility undertaking and municipalities, within the territory where such a minority is traditionally present (a list of municipalities or hamlets is generally established. See Article 8 of Law n. 38/2001)45;

Some multilingual documents may be issued in accordance with an international Convention (i.e. ICCS Convention n. 16 on the issue of multilingual extracts from civil-status records, signed at Vienna on 08.09.1976).

42 See supra footnote 11. 43 See supra footnote 11. 44 See supra footnote 10. 45 See supra footnote 12.

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The Italian alphabet comes from the Ancient Latin alphabet and contains 21 letters46. Compared to the alphabet of other Indo-European languages, like French, English or Spanish, the following letters are missing: j, k, w, x, y and the diacritic letters like â, ä, à, á, ã, å, č, é, è, ê, ë, š, ž, etc. Those letters, however, may be used for foreign or nonnaturalised words and their derivatives. See for example Article 7 Law n. 38/2001, which states that citizens belonging to the Slovenian minority have a right to give to their children a Slovenian name and in general the right to have their forename and surname spelt in the correct Slovenian orthographic in all authentic acts.

1.2.2 Legalisation and Apostille

Which authorities are responsible for legalization procedures or for issuing an Apostille for official documents of civil status events to be presented abroad?

What is the exact procedure?

What are the costs and indicative time for such procedures?

According to Article 33(1) D.P.R. 445/2000, all Italian civil status documents to be used abroad shall be legalised by the competent Ministry, when requested by the foreign receiving authority.

When an apostille is requested, this is issued by the “Prefettura” of the place where the document has been drawn up.

Costs vary from 14,62 € to around 30 €.

The following conventions apply to:

the transmission of documents: ICCS Convention n. 3 on the international exchange of information relating to civil status, signed at legalisation of copies of official records of civil status, signed at Luxembourg on 26.09.1957 and entered into force in Italy on 7 December 1968, and its Additional Protocol n. 23 signed in Patras on 6 September 1998 and entered into force in Italy on 1 May 1992; ICCS Convention n. 12 on legitimation by marriage, signed at Rome on 10.09.1970 and entered into force in Italy on 5 August 1978 ;ICCS Convention n. 22 on international co-operation in the matter of administrative assistance to refugees, signed at Basle on 03.09.1985 and entered into force on 1 October 1989 ; Hague Convention of 12 June 1902 relating to the settlement of the conflict of the laws concerning marriage; Vienna Convention on Consular Relations signed on 24 April 1963; and Luxembourg declaration of 29 June 1895;

the abolition of legalization formalities: ICCS Convention n. 1 on the issue of certain extracts from civil-status records for use abroad, signed at Paris on 27.09.1956 and entered into force on 7 December 1968; ICCS Convention n. 2 on the issue free of charge and the exemption from legalisation of copies of official records of civil status, signed at Luxembourg on 26.09.1957 and entered into force on 7 December 1968; ICCS Convention n. 5 extending the

46 A, B, C, D, E, F, G, H, I, L, M, N, O, P, Q, R, S, T, U, V, Z.

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competence of authorities empowered to receive declarations acknowledging natural children, signed at Rome on 14.09.1961 and entered into force on 5 August 1981; ICCS Convention n. 12 on legitimation by marriage (see supra); ICCS Convention n. 15 introducing an international family record book, signed at Paris on 12.09.1974 and entered into force on 1 March 1979; ICCS Convention n. 16 on the issue of multilingual extracts from civil-status records, signed at Vienna on 08.09.1976 and entered into force on 30 July 1983; ICCS Convention n. 17 on the exemption from legalization of certain records and documents, signed at Athens on 15.09.1977 and entered into force on 1 March 1982; ICCS Convention n. 21 on the issue of a certificate of differing surnames, signed at The Hague on 08.09.1982 and entered into force on 1 October 1989; ICCS Convention n. 22 on international co-operation in the matter of administrative assistance to refugees (see supra) ; ICCS Convention n. 24 on the recognition and updating of civil-status books; 1961 Hague Convention (Apostille convention); CoE Convention n. 63 of 7 June 1968, entered into force in Italy on 19 January 1972; Exchange of letters with Belgium of 24 October 1950; and Convention with Germany of 7 June 1969.

the issue of documents free of charge: ICCS Convention n. 2; ICCS Convention n. 15; Hague Convention n. II of 1 March 1954, entered into force in Italy on 12 April 1957; and CoE Convention n. 19 of 13 December 1955, entered into force in Italy on 23 February 1965.

The following bilateral agreements apply to:

the abolition of legalization formalities: Agreement with Switzerland signed on 16 November 1966 and entered into force on 1 October 1968; Agreement with Austria signed o 29 March 1990 and entered into force on 1 May 1992; Agreement with Hungary signed on 1981 and entered into force on 13 March 1981; and Agreement with Germany of 10 July 1984; Agreement with Argentina of 9 December 1987.

1.2.3 Recognition of foreign civil status documents: administrative formalities

Is translation required (please mention if any language other than the national official language receives any special treatment)? If so, what are the formal requirements (e.g. official or sworn translator)?

Is an Apostille required for documents from other EU Member States? (Please indicate if any bilateral treaty or international convention apply)

Are any other administrative formalities required?


Unless a bilateral or international convention applies, all civil status documents drawn up abroad by a foreign authority shall be legalised by the competent diplomatic or consular authorities (Article 21(3) D.P.R. n. 396/2000 and Article 33(2) D.P.R. n. 445/200047) and

47 D.P.R. 28 dicembre 2000, n. 445, Testo unico delle disposizioni legislative e regolamentari in materia di documentazione amministrativa. [GU n.42 del 20-2-2001 - Suppl. Ordinario n. 30], available at:

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accompanied by a certified translation into Italian issued by the diplomatic or consular authorities or made by an agreed translator (Article 22 D.P.R. n. 396/2000 and Article 33(3) D.P.R. n. 445/2000).

Also the signature of the translator shall be legalised, except when the translation is issued by the diplomatic or consular authorities.

The whole civil status document shall be translated (it is not possible to present a summary) and fees for translation are on the interested person.

The following conventions apply to:

the transmission of documents: ICCS Convention n. 3 on the international exchange of information relating to civil status, signed at legalisation of copies of official records of civil status, signed at Luxembourg on 26.09.1957 and entered into force in Italy on 7 December 1968, and its Additional Protocol n. 23 signed in Patras on 6 September 1998 and entered into force in Italy on 1 May 1992; ICCS Convention n. 12 on legitimation by marriage, signed at Rome on 10.09.1970 and entered into force in Italy on 5 August 1978 ;ICCS Convention n. 22 on international co-operation in the matter of administrative assistance to refugees, signed at Basle on 03.09.1985 and entered into force on 1 October 1989 ; Hague Convention of 12 June 1902 relating to the settlement of the conflict of the laws concerning marriage; Vienna Convention on Consular Relations signed on 24 April 1963; and Luxembourg declaration of 29 June 1895;

the abolition of legalization formalities: ICCS Convention n. 1 on the issue of certain extracts from civil-status records for use abroad, signed at Paris on 27.09.1956 and entered into force on 7 December 1968; ICCS Convention n. 2 on the issue free of charge and the exemption from legalisation of copies of official records of civil status, signed at Luxembourg on 26.09.1957 and entered into force on 7 December 1968; ICCS Convention n. 5 extending the competence of authorities empowered to receive declarations acknowledging natural children, signed at Rome on 14.09.1961 and entered into force on 5 August 1981; ICCS Convention n. 12 on legitimation by marriage (see supra); ICCS Convention n. 15 introducing an international family record book, signed at Paris on 12.09.1974 and entered into force on 1 March 1979; ICCS Convention n. 16 on the issue of multilingual extracts from civil-status records, signed at Vienna on 08.09.1976 and entered into force on 30 July 1983; ICCS Convention n. 17 on the exemption from legalization of certain records and documents, signed at Athens on 15.09.1977 and entered into force on 1 March 1982; ICCS Convention n. 21 on the issue of a certificate of differing surnames, signed at The Hague on 08.09.1982 and entered into force on 1 october 1989; ICCS Convention n. 22 on international co-operation in the matter of administrative assistance to refugees (see supra) ; ICCS Convention n. 24 on the recognition and updating of civil-status books; 1961 Hague Convention (Apostille convention); CoE Convention n. 63 of 7 June 1968, entered into force in Italy on 19 January 1972; Exchange of letters with Belgium of 24 October 1950; and Convention with Germany of 7 June 1969.

http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=2001-0220&atto.codiceRedazionale=001G0049&currentPage=1.

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the issue of documents free of charge: ICCS Convention n. 2; ICCS Convention n. 15; Hague Convention n. II of 1 March 1954, entered into force in Italy on 12 April 1957; and CoE Convention n. 19 of 13 December 1955, entered into force in Italy on 23 February 1965.


the abolition of legalization formalities: Agreement with Switzerland signed on 16 November 1966 and entered into force on 1 October 1968; Agreement with Austria signed o 29 March 1990 and entered into force on 1 May 1992; Agreement with Hungary signed on 1981 and entered into force on 13 March 1981; Agreement with Germany of 10 July 1984; and Agreement with Argentina of 9 December 1987.

According to the Apostille Convention48, all civil status documents are exempted from legalisation between the States signatory to the Convention. All Member States are signatory to the Convention. The legalisation procedure is replaced by an Apostille.

1.2.4 Recognition of the content and of the effects of foreign civil status documents

For each of the civil registration documents recognised by your country, answer the following questions:

What are the conditions under which the content of the document is recognized?

What are the conditions under which the effects of the document are recognized?

Does the notion of adapted/accommodated recognition exist?


Under the law, registration documents issued abroad and relating to Italian nationals are deemed to be authentic in terms of the facts recorded by the foreign registrar until the contrary is not proven.

They are deemed authentic in terms of legal effects of these facts under the same conditions of the correspondent Italian civil status documents, if legalised and translated if required by law (Article 21-22 D.P.R. n. 396/2000 and Article 33(2) D.P.R. n. 445/2000).

Under national law, the effects of a civil status document depend on the type of document. From recording a declaration of death or birth, for example, derive certain rights and duties, such as the right to life, education or succession. In those cases the registrar shall only check that all formalities provided by law are fulfilled.

In other cases, such as a declaration of paternal acknowledgement or concerning

48 Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, available at: http://www.hcch.net/index_en.php?act=conventions.text&cid=41.

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citizenship, the registrar shall check whether they are in contrast with the public order, according to Article 7 D.P.R. n. 396/2000 (e.g. paternal acknowledgement of an incest child, renunciation of nationality in a case different from those provided by the law).

1.2.5 Consular Registration

What are the functions, related to civil registration issues, exercised by the Consular services abroad? Which procedures, related to civil registration issues, are completed by the Consular services abroad? (e.g. weddings’ celebration, marriage bans, issuance of certificates, transmission of requests to the national authorities, etc.). Please indicate costs, documents/formalities and time for each item.

What are the registers handled by the Consular services abroad? Is there any register for nationals abroad? (please explain how it works and its legal consequences)


Diplomatic and consular services have the authority to exercise the same functions attributed to the civil status registrars as regards Italian citizens abroad (Article 8 D.P.R. n. 396/2000 and Article 8 D.P.R. n. 200/1967 of 5 January 1967, known as “Consular Law”). According to Article 15 D.P.R. n. 396/2000, any birth or death of Italian citizens occurred abroad is declared to the diplomatic or consular authorities. If the local law prescribed that such declarations shall be done to the local authorities, the informant transmits to the diplomatic or consular authorities a copy of that declaration. A special register, known as AIRE, exists for Italians living abroad. The diplomatic and consular services may also solemnise marriages. Furthermore, according to Article 20 D.P.R. n. 396/2000, when it is not possible to obtain a copy or extract of an entry from the local foreign authority, the diplomatic and consular services have the authority to issue a replacement certificate for transcription in the relevant Italian register.

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2. MAIN EVENTS

2.1 Birth

Briefly describe the rules regulating the declaration of birth and its registration.

What is the time-limit for declaration and what does the law prescribe in the event of late declaration or absence of declaration?

What are the connecting factors to establish applicable rules where there is a conflict of laws?

Which international conventions or agreements related to birth issues have been signed by your country?

According to Article 30(4) D.P.R. n. 396/2000, the time limit for declaration is 10 days if made before the registrar and 3 days if made before the administration of the hospital/clinic.

In the event of late declaration (Article 31 D.P.R. n. 396/2000), the registrar records the birth, but shall inform the Public Prosecutor (“Procuratore della Repubblica”).

In the event of absence of declaration (Article 32 D.P.R. n. 396/2000), the birth can be registered only by a decision of the tribunal.

The following international conventions or agreements have been signed by Italy in respect of birth: ICCS Convention n. 1 on the issue of certain extracts from civil-status records for use abroad, signed at Paris on 27.09.1956 and entered into force on 7 December 1968 ; ICCS Convention n. 3 on the international exchange of information relating to civil status, signed at legalisation of copies of official records of civil status, signed at Luxembourg on 26.09.1957 and entered into force in Italy on 7 December 1968, and its Additional Protocol n. 23 signed in Patras on 6 September 1998 and entered into force in Italy on 1 May 1992; ICCS Convention n. 9 on decisions concerning the rectification of civil-status records, signed at Paris on 10.09.1964; ICCS Convention n. 15 introducing an international family record book, signed at Paris on 12.09.1974 and entered into force on 1 March 1979; ICCS Convention n. 16 on the issue of multilingual extracts from civil-status records, signed at Vienna on 08.09.1976 and entered into force on 30 July 1983; and ICCS Convention n. 24 on the recognition and updating of civil-status books.

For further information, see supra “1.1.6. Types of registers and registered events, 1. Registers of births” and “1.1.7.Registration of the main events.”

2.2 Surname and Forename

Briefly describe the rules in force on surname and forename (referring to the appropriate national substantial law and private international law).

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Which international conventions or agreements related to surname and forename have been signed by your country?

Does the law recognize a surname or forename following foreign rules or traditions, i.e. containing suffixes or gender inflections (e.g. in Lithuania surnames take different forms according to whether they are borne by a man or a woman and, if by a woman, according to whether she is married or single), different forenames, different surnames (e.g. both the mother and father’s surnames like in Spain, or a middle surname like in Denmark, where, commonly, where the child bears the surname of one parent, the surname of the other parent may be used as a ‘middle name’), etc.

What are the documents establishing surnames and forenames (i.e. copy or extract of a civil registration document, passport) which must be presented?

Is there a need for any administrative formalities/translation/transliteration or transcription?


What happens if the forename or surname attributed in accordance with the law of a foreign country is incompatible with your country’s private international rules or substantial law?

Can surnames/forenames be changed and how?

Are changes of surname/forename transcribed or noted in any register?

Must such a change be notified to the registration service of another EU country and by whom?

Does a person’s change of surname lead to the change of surname of his or her spouse or that of his or her offspring?

What civil status events can lead to or allow a change of a person’s surname?

Any additional information

The “atto di nascita” expressly mention only the forename of a child. According to Articles 29-30 D.P.R. n. 396/2000, the parents may choose the forename of the child, with the following limitations: it is not possible to give the child either the same name of the father or a brother/sister who lives; and it is not possible to give a child a ridiculous or offensive forename (Article 34 D.P.R. n. 396/2000). Moreover, according to Article 35 D.P.R. n. 396/2000, the forename shall indicate the sex and cannot be formed of more than three elements.

Forenames can be subsequently changed (or a forename can be added) presenting a request to the “prefetto” of the place of residence or of the municipality of birth of the requesting person.

Under the law, children born of the marriage of their parents or legitimized have the same surname of the father. A child born outside wedlock has the name of the parent who acknowledges him/her first. If the parental acknowledgement is done by the two parents together the child will have the surname of the father. An adopted child will have the name of the person adopting him/her and, if adopted by a married couple, he/she will have the surname of the husband.

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The spouse acquires by law the surname of the husband by addition according to Article 143 bis c.c. but in practice this provision is not applied. Often the wife uses only the husband’s surname or more often today her own surname.

A surname can be changed in the absence of any alteration in the status of the person concerned by decree of the Minister of the Interior of by decree of the “prefetto” in case of insulting name (Article 84 D.P.R. n. 396/2000). Such a decree shall be transcribed in the register of births of the municipality of the residence of the person concerned. On the interested person request, this shall also be annotated on the “atto di nascita” and, if applicable, on the “atto di matrimonio” of the person concerned and on the “atto di nascita” of his/her descendants. Any change in the surname husband implies the change of the wife’s (Article 143 bis c.c.) and children’s surname (Article 3, 33(2) and 49(1) D.P.R. n. 396/2000).

The change of nationality has no automatic effects on a person’s surname. However, the interested person may request such a change.

The following international conventions or agreements have been signed by Italy in respect of surnames and forenames: ICCS Convention n.4 on changes of surnames and forenames, signed at Istanbul on 04.09.1958 ; ICCS Convention n. 9 on decisions concerning the rectification of civil-status records, signed at Paris on 10.09.1964; and ICCS Convention n. 21 on the issue of a certificate of differing surnames, signed at The Hague on 08.09.1982 and entered into force on 1 october 1989.

2.3 Marriage

Briefly describe the rules in force on marriage.


Which international conventions or agreements related to marriage have been signed by your country?

What are the documents required to form a marriage file and to whom and by who must be presented?

Are any specific documents needed for foreigners?

What are costs and time to form a marriage file?

Is the publication of marriages compulsory?

Is there a different procedure for citizens or foreigners living abroad?

What are costs and time for publication?

Which powers have the diplomatic agents or consular officers abroad in relation to marriage?

What are costs and time in case of formalities done through the consular services?

Is the marriage noted or transcribed in any other register? (consider also the case of a marriage celebrated abroad).


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Under the law, two forms of marriages having civil status effects are possible in Italy: marriages solemnised by the registrar (Article 47 D.P.R. n. 396/2000) and those solemnised by a catholic minister or a minister of a religion accepted by law (Article 8283 c.c.).

In accordance with Article 8 of the Italian Constitution, the relationship between the Italian Republic and the Churches recognised or accepted by law are regulated by special accords49. The civil effects run from the solemnisation of the marriage, if all legal provisions have been respected.

All preliminary formalities, including the publication, are under the responsibility of the registrar, who issues an authorisation containing the name of the minister celebrating the marriage and the date of celebration. The “atto di matrimonio” is drawn up by the minister solemnizing the marriage immediately after its solemnisation and shall be transmit, at the latest within 5 days, to the registrar, who shall transcribe it in the register of marriages within 24 hours.

Under the law, only marriages between spouses of the different sex are allowed. The minimum age to enter into a marriage is 18 years. However, the tribunal of minors, known as “Tribunale dei minori”, may authorise a minor of 16 years to get into marriage, under certain conditions (Article 84 c.c. and Article 739 c.p.c.)

While a certificate of capacity to marry, known as “nulla-osta”, is required for foreign nationals50, no prenuptial medical certificate is required.

According to Article 87 c.c., marriage is prohibited between the following:

relatives in a direct line, biological or legitimate;

relatives in a collateral line (sisters and brothers, aunts and uncles)

an adopted child, adoptive parents and their descendants;

A dispensation may granted by the Tribunal under certain conditions.

Furthermore, marriage is prohibited for

anyone who is already party to a previous marriage that has not been dissolved (Article 86 c.c.);

49 L. n.121/1985 of 25 March 1985 for the Holy See (see supra footnote 22); L. n. 449/1984 of 11 August 1984, Norme per la regolazione dei rapporti tra lo Stato e le chiese rappresentate dalla Tavola valdese, [GU n.222 del 13-8-1984] for the Waldensian Evangelical Church; L. n. 516/1988 of 22 November 1988, Norme per la regolazione dei rapporti tra lo Stato e l'Unione italiana delle Chiese cristiane avventiste del 7° giorno [GU n.283 del 2-12-1988 - Suppl. Ordinario n. 107] for the Seventh-day Adventist Church; L. n° 517/1988 of 22 November 1988, Norme per la regolazione dei rapporti tra lo Stato e le Assemblee di Dio in Italia, [GU n.283 del 2-12-1988 - Suppl. Ordinario n. 107] for the God Assembly in Italy ; L. n. 1/1989 of 8 March 1989 for the Union of the Italian Jewish communities) ; L. n° 116/1995 of 12 April 1995, Norme per la regolazione dei rapporti tra lo Stato e l'Unione Cristiana Evangelica Battista d'Italia (UCEBI), [GU n.94 del 22-4-1995 - Suppl. Ordinario n. 46], for the Baptist Evangelical Christian Union of Italy; L. n. 520/1995 of 29 November 1995 , Norme per la regolazione dei rapporti tra lo Stato e la Chiesa Evangelica Luterana in Italia (CELI), [GU n.286 del 7-12-1995 - Suppl. Ordinario n. 146], for the Lutheran Evangelical Church in Italy.50 See supra under “1.1.6. Types of registers and registered events, 2. Registers of marriages”. This will be issued by the foreigner local authorities according to that national law (Article 116 c.c.) and, failing a bilateral or international convention, shall be translated and legalised.

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anyone who has been declared having a lack of capacity (Article 85 c.c.);

anyone who has been convicted for murder or attempted murder of the spouse of the other (Article 86 c.c.);

the woman for 300 days from the dissolution or annulment of a preceding marriage, except when this has been declared null for impotentia generandi of the other spouse (Article 89 c.c.).

The following international conventions or agreements have been signed by Italy in respect of marriage: ICCS Convention n. 1 on the issue of certain extracts from civil-status records for use abroad, signed at Paris on 27.09.1956 and entered into force on 7 December 1968 ; ICCS Convention n. 7 to facilitate the celebration of marriages abroad, signed at Paris on 10.09.1964 ; ICCS Convention n. 9 on decisions concerning the rectification of civil-status records, signed at Paris on 10.09.1964; ICCS Convention n. 11 on the recognition of decisions relating to the matrimonial bond, signed at Luxembourg on 08.09.1967 ; ICCS Convention n.12 on legitimation by marriage, signed at Rome on 10.09.1970 ; ICCS Convention n. 15 introducing an international family record book, signed at Paris on 12.09.1974 and entered into force on 1 March 1979; ICCS Convention n. 16 on the issue of multilingual extracts from civil-status records, signed at Vienna on 08.09.1976 and entered into force on 30 July 1983; and ICCS Convention n. 24 on the recognition and updating of civil-status books.

According to the Italian Private International Law n. 218/199551:

the preliminary formalities and conditions to marry are regulated by the national law of each future spouse at the time of the marriage (Article 27);

the formal validity of the marriage is regulated by the law of the place where the marriage is solemnised or by the national law of one of the spouses at the time of the marriage or by the law of the country where the spouses have their common residence (Article 28).

For further information, see supra “1.1.6. Types of registers and registered events, 2. Registers of marriages” and “1.1.7.Registration of the main events.”.

2.4 Registered Partnership or Similar

Does your country allow registered partnerships or similar?

To whom are they open (same sex couple; other persons, like close relatives, cohabitant friends, etc.; foreigners/non-residents etc.) and under what conditions?

What are the formalities/documents required?

What are the costs and time to conclude a registered partnerships or similar?

51 Legge 31 maggio 1995, n. 218 Riforma del sistema italiano di diritto internazionale privato [GU n.128 del 3-61995 - Suppl. Ordinario n. 68], available at: http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=1995-0603&atto.codiceRedazionale=095G0256&currentPage=1.

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Where are they registered and by which authorities?

Are they transcribed or noted in any register entries?

Which authority can issue a certificate/copy/extract of a registered partnerships or similar?

Who can demand it and how?

What are the costs and time to obtain such a certificate/copy/extract?

Which particulars are required by law and which may be added subsequently?

Which powers have the diplomatic agents or consular officers abroad in relation to that?

What are costs and time in case of formalities done through the consular services?

Must or may a registered partnership or similar institute of a national, where validly concluded abroad, be transcribed or noted in a register kept by one of your country’s authority? What are the legal consequences?

What are the national rules of private international law solving a case on registered partnership or similar where there are links to more than one legal system?

Which conventions or agreements have been signed by your country in respect of registered partnership or similar?


Registered partnership is not possible under Italian law.

2.5 Nationality

How can nationality be acquired?

In which cases can nationality be lost?

What are the consequences of the acquisition/loss of nationality in relation to a person’s civil status?

Does the law provide for a form of registration of nationality, whether compulsory or optional, by central or non-central authorities?

Which documents prove nationality of your country and which authorities are authorised to issue these?

Do some of these documents have a limited period of validity?

What are the costs and time to obtain such documents?

Does your country allow multiple nationality?

When the connecting factor for the application of the law on a person’s civil status is nationality, which law is applicable in cases of stateless persons or multiple nationality?


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Italian nationality can be acquired by:

Conferment at the time of birth (Article 1 Law n. 91/1992 and executing laws52) in the following cases:

A child born if either the father or the mother is an Italian citizen;

A child born in Italy if the child does not acquire the foreign nationality of the parents or these are unknown or stateless;

Alteration of descent, in the following cases (Article 2 Law n. 91/1992 and executing laws):

Automatically in case of parentage acknowledgement of a minor;

Under request of the interested person within 12 months, in case of parentage acknowledgement of an adult;

Marriage to an Italian national, under request, by Decree of the Ministry of Home Affairs (Articles 5, 7 and 8 Law n. 91/1992 and executing laws);

Following a declaration of intent by the person concerned (Article 4 Law n. 91/1992 and executing laws);

Following naturalisation (Article 9, 10, 21 Law n. 91/1992 and executing laws).

Italian nationality can be renounced by:

An Italian citizen residing abroad, provided that he/she has acquired or is on the point of acquiring another nationality (Article 11 Law n. 91/1992 and executing laws);

A minor having acquired Italian nationality by acquisition of Italian nationality by one of his/her parents, when he/she has the legal age and provided that he/she has acquired or is on the point of acquiring another nationality (Article 14 Law n. 91/1992 and executing laws).

Italian nationality can be lost:

When the Italian citizen, working as a civil servant in a foreign country or in an international organisation to which Italy is not party or doing military service in a foreign country, quits the job or military service earlier than the deadline fixed by the Italian authority (Article 12(1) Law n. 91/1992 and executing laws);

In case of war with a foreign country, by the Italian citizen working or accepting to work or doing military service or voluntarily acquired the foreign nationality (Article 12(2) Law n. 91/1992 and executing laws);

When the adoption is revoked, provided that the adopted child has or has acquired a foreign nationality (Article 3(3) Law n. 91/1992 and executing laws).

52 Law n. 91/1992 of 5 February 1992 (Nuove norme sulla cittadinanza [GU n.38 del 15-2-1992]), executed by D.P.R. n. 572/1993 of 12 October 1993 (Regolamento di esecuzione della legge 5 febbraio 1992, n. 91, recante nuove norme sulla cittadinanza, [GU n.2 del 4-1-1994]), and D.P.R. n. 362/1994 of 18 April 1994 (Regolamento recante disciplina dei procedimenti di acquisto della cittadinanza italiana, [GU n.136 del 13-61994 - Suppl. Ordinario n. 91]).

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Italian nationality can be resumed by the individual who lost it when (Article 13(1) Law n. 91/1992 and executing laws):

He/she does military service in the Italian Army or accepts a job as State civil servant, after declaring the will to resume Italian nationality;

He/she has resided in Italy for one year after declaring the will to resume Italian nationality;

After residing one year in Italy, in case he/she has not declared the will to renounce Italian nationality;

After residing two years in Italy, in case he/she declares the will to resume Italian nationality and he/she proves having quitted the job as a civil servant in a foreign country or in an international organisation or military service in a foreign country.

The following international conventions or agreements have been signed by Italy in respect of nationality:

CoE Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality, signed in Strasbourg on 6 May 1963 and entered into force in Italy on 28 March 1968;

Second Protocol on the CoE Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality, signed in Strasbourg on 2 February 1993 and entered into force in Italy on 24 March 1995;

ICCS Convention n. 8 on the exchange of information relating to acquisition of nationality, signed in Paris on 10 September 1064 and entered into force in Italy on 6 August 1972.

For further information, see supra “1.1.7. Registration of the main events, 4. Registers of citizenship”.

2.6 Death

Briefly describe the rules in force on death.


Must deaths of nationals abroad be registered in your country’s registration services?

Must deaths in your country of foreign nationals be declared to your country’s registration services?


The following international conventions or agreements have been signed by Italy in respect of death: ICCS Convention n. 1 on the issue of certain extracts from civil-status records for use abroad, signed at Paris on 27.09.1956 and entered into force on 7

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December 1968 ; ICCS Convention n. 9 on decisions concerning the rectification of civil-status records, signed at Paris on 10.09.1964; ICCS Convention n. 15 introducing an international family record book, signed at Paris on 12.09.1974 and entered into force on 1 March 1979; ICCS Convention n. 16 on the issue of multilingual extracts from civil-status records, signed at Vienna on 08.09.1976 and entered into force on 30 July 1983; and ICCS Convention n. 24 on the recognition and updating of civil-status books;

According to Article 22 of the Italian Private International Law n. 218/1995, the connecting factors are nationality and the last residence.

For further information, see supra “1.1.6. Types of registers and registered events, 3. Registers of deaths” and “1.1.7.Registration of the main events.”.

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INFORMATION SOURCES

I. Legislation

1. National Law

Substantial Law Civil code (Codice Civile);

Law n. 151/1975 (Legge 19 maggio 1975, n. 151 – Nuovo Diritto di Famiglia);

Law n. 164/1982 (Legge 14 aprile 1982, n. 164 – Norme di rettificazione di attribuzione di sesso);

D.P.R. n. 396/2000 (D.P.R. 3 novembre 2000, n. 396 - Regolamento per la revisione e la semplificazione dell'ordinamento dello stato civile, a norma dell'articolo 2, comma 12, della L. 15 maggio 1997, n. 127);

D.P.R. 445/2000 (D.P.R. 28 dicembre 2000, n. 445 - Testo unico delle disposizioni legislative e regolamentari in materia di documentazione amministrativa);

Law n. 94/2009 (Legge 15 luglio 2009, n. 94, recante Disposizioni in materia di sicurezza pubblica - Indicazioni in materia di anagrafe e di stato civile);

Ministerial note (Circolare n. 19 del 7 agosto 2009 Ministero dell’Interno – Indicazioni operative legge n. 94/2009);

L.D. n. 71/2011 (Decreto Legislativo 3 febbraio 2011, n. 71 – Ordinamento e funzioni degli Uffici consolari);.

Law n. 183/2011 (Legge n. 183/2011 - Disposizioni per la formazione del bilancio annuale e pluriennale dello Stato - Legge di stabilità 2012);

Directive n. 14/2011 (Direttiva Ministro Pubblica Amministrazione e della Semplificazione n. 14/2011. Adempimenti urgenti per l’applicazione delle nuove disposizioni in materia di certificati e dichiarazioni sostitutive di cui all’articolo 15 della legge 12 novembre 2011, n.183);

Ministerial note n. 4/2012 (Circolare Ministero dell’Interno n. 4/2012. Art. 15, c. 1, legge n. 183/2011. Norme in materia di certificati e dichiarazioni sostitutive);

Law n. 54/1989 (Legge 15 febbraio 1989, n. 54 - "Norme sulla compilazione di documenti rilasciati a cittadini italiani nati in Comuni ceduti dall'Italia ad altri Stati, in base al trattato di pace");

Law n. 218/1995 (Legge 31 maggio 1995, n. 218 (artt. 64-66) – Riconoscimento di sentenze e provvedimenti stranieri);

Ministerial note n. 29/2007 (Circolare del Ministero dell’Interno n. 29 del 7 giugno 2007 – Celebrazione del matrimonio in luogo diverso dalla casa comunale);

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Opinion of the “Consiglio di Stato n. 621/2008” (Parere del Consiglio di Stato n. 621 del 1 febbraio 2008 – Parere in tema di obbligatorietà delle pubblicazioni di matrimonio da celebrare all’estero dinanzi all’autorità locale);

Law n. 94/2009 (Legge 15 luglio 2009, n. 94, recante "Disposizioni in materia di sicurezza pubblica". Indicazioni in materia di anagrafe e di stato civile);

Ministerial note n. 19/2009 (Circolare n. 19 del 7 agosto 2009 Ministero dell’Interno Dipartimento per gli Affari Interni e Territoriali);

Law n. 898/1970 (Legge 1 dicembre 1970 n. 898 - disciplina dei casi di scioglimento del matrimonio);

Law n. 74/1987 (Legge 6 marzo 1987, n. 74 - nuove norme sulla disciplina dei casi di scioglimento di matrimonio).

Private International Law Law n. 218/1995 (Legge 31 maggio 1995, n. 218 Riforma del sistema italiano

di diritto internazionale privato [GU n.128 del 3-6-1995 - Suppl. Ordinario n. 68].

2. International Law

The following conventions apply to: the transmission of documents: ICCS Convention n. 3 on the international

exchange of information relating to civil status, signed at legalisation of copies of official records of civil status, signed at Luxembourg on 26.09.1957 and entered into force in Italy on 7 December 1968, and its Additional Protocol n. 23 signed in Patras on 6 September 1998 and entered into force in Italy on 1 May 1992; ICCS Convention n. 12 on legitimation by marriage, signed at Rome on 10.09.1970 and entered into force in Italy on 5 August 1978 ;ICCS Convention n. 22 on international co-operation in the matter of administrative assistance to refugees, signed at Basle on 03.09.1985 and entered into force on 1 October 1989 ; Hague Convention of 12 June 1902 relating to the settlement of the conflict of the laws concerning marriage; Vienna Convention on Consular Relations signed on 24 April 1963; Luxembourg declaration of 29 June 1895;

the abolition of legalization formalities: ICCS Convention n. 1 on the issue of certain extracts from civil-status records for use abroad, signed at Paris on 27.09.1956 and entered into force on 7 December 1968; ICCS Convention n. 2 on the issue free of charge and the exemption from legalisation of copies of official records of civil status, signed at Luxembourg on 26.09.1957 and entered into force on 7 December 1968; ICCS Convention n. 5 extending the competence of authorities empowered to receive declarations acknowledging natural children, signed at Rome on 14.09.1961 and entered into force on 5 August 1981; ICCS Convention n. 12 on legitimation by marriage (see supra); ICCS Convention n. 15 introducing an international family record book, signed at Paris on 12.09.1974 and entered into force on 1 March 1979; ICCS Convention n. 16 on the issue of multilingual extracts from civil-status records, signed at Vienna on 08.09.1976 and entered into force on 30 July 1983; ICCS Convention n. 17 on the exemption from legalization of certain records and documents, signed at Athens on 15.09.1977 and entered into force on 1 March 1982; ICCS Convention n. 21 on the issue of a certificate of differing

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surnames, signed at The Hague on 08.09.1982 and entered into force on 1 october 1989; ICCS Convention n. 22 on international co-operation in the matter of administrative assistance to refugees (see supra) ; ICCS Convention n. 24 on the recognition and updating of civil-status books; 1961 Hague Convention (Apostille convention); CoE Convention n. 63 of 7 June 1968, entered into force in Italy on 19 January 1972; Exchange of letters with Belgium of 24 October 1950; Convention with Germany of 7 June 1969.

the issue of documents free of charge: ICCS Convention n. 2; ICCS Convention n. 15; Hague Convention n. II of 1 March 1954, entered into force in Italy on 12 April 1957; CoE Convention n. 19 of 13 December 1955, entered into force in Italy on 23 February 1965.


the abolition of legalization formalities: Agreement with Switzerland signed on 16 November 1966 and entered into force on 1 October 1968; Agreement with Austria signed o 29 March 1990 and entered into force on 1 May 1992; Agreement with Hungary signed on 1981 and entered into force on 13 March 1981; Agreement with Germany of 10 July 1984; Agreement with Argentina of 9 December 1987.

II. National Case-Law

Court of Appeal of Tieste, Civil Section I, 10 April 2012 On 14 October 2010, the Tribunal of Gorizia ordered the correction of a child’s forename in his entry of birth according to Article 34 D.P.R. 396/2000. The child’s parents are Slovenian and Slovakian and the child was born in Luxembourg where he resides with his parents. All these countries recognise the forename, except for Italy. The Court of Appeal rejected the decision of the Tribunal of Gorizia, considering derogation to Article 34 D.P.R. 396/2000 not contrary to public order and respecting the right to identity of the child. Any different solution will cause problems in case the child would decide to move to Italy and will be in contrast with the CJEU case law.

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