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Recognition in italy of the foreign adoption court order


Recognition in italy of the foreign adoption court order

For the recognition in Italy of adoption in South Africa, the adopting parents, of which at least one in possession of Italian citizenship, residing in South Africa for at least two continuous years (to prove residency abroad for the foreseen years, in the absence of AIRE registration, the effective domicile in the country must be demonstrated with an employment contract, property deed or lease of the home, utility bills and so on) may submit to the Consulate General, by appointment, an application to the Juvenile Court (application form) and the following documentation:

1) birth certificate of the adopted person, on which the name and surname attributed to the minor following the adoption sentence, must appear
2) original birth certificate
3) foreign adoption ruling. These documents must be accompanied by an Apostille and an Italian translation carried out by a sworn translator (list of sworn translators). In the event that the adopted name has been changed, a declaration in this regard from the South African authorities is required.

Foreign minors adopted by Italian citizens automatically acquire Italian citizenship as a result of the transcription of the adoption provision in the civil status registers of the competent Italian municipality.

If the adopted person is of age, for the registration of the adoption in Italy, the consent of the adopter and their spouses are required; of any children (legitimate, legally recognised or those recognized as born out of wedlock) of age of the adopter of the parents of the adopter. If the consent of the parents of the adopter or that of the spouses of the adopter or of the adopted is denied, the court, at the request of the adopter, if it deems it unjustified or contrary to the interest of the adopter, can also pronounce the adoption; in the same way, the court can pronounce the adoption when it is impossible to obtain consent due to the incapacity or unavailability of the persons called to express it.

The adult adopted can acquire Italian citizenship by naturalization, proving that they have spent at least 5 years in Italy after the date of adoption.

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