A natural child is defined as a child born to parents who are not married to each other.
Unmarried parents can recognize their natural child, whether born or unborn.
Recognition can be made by both or even by only one of the parents, and they can do so even if they were married to another person at the time of conception.
The recognition of natural children can be made:
- in the birth certificate
- before the registrar with a specific declaration after birth or conception (see PDF)
- in a public deed drawn up by a notary
- in a will
In order to recognize a child who has not yet reached the age of fourteen, the consent of the other parent who has already recognized the child is required. If the parent who has already recognized the child objects, the parent who wishes to recognize the child must appeal to the juvenile court.
In order to recognize a child who has reached the age of fourteen, the child’s consent is required.
To be valid in Italy, recognition carried out abroad in accordance with local legislation must comply with the conditions laid down by Italian law (Article 250 et seq. of the Civil Code) and must be contained in a document duly apostilled by the Department of International Relations and Cooperation (DIRCO) and translated into Italian (see Translation and legalization of documents – Consulate General of Italy in Johannesburg). The recognition of a child may also result from a foreign judgment which, if it meets the requirements of Law No. 218/1995, may be recognized in Italy.
If the foreign recognition document does not comply with the requirements of the above-mentioned legislation, it will be necessary to recognize the child at the competent consular office with an ad hoc report that will be added to the birth certificate to be transcribed.
Both parents must go to the consular office. If the child is 14 years of age or older, he or she must also appear at the Consulate to countersign the document. Children under the age of 14 are not required to be present.
PREREQUISITES
- At least one of the parents must be an Italian citizen. Dual citizens must present a valid Italian identity document.
- Parents must be over 16 years of age. Parents under 16 years of age require authorization from the competent court.
- There must be no family ties or affinity between the parents that would prevent recognition.
- Understanding of the Italian language. In the event of lack of knowledge of the Italian language, the procedure referred to in Articles 54 and 55 of Law No. 89 of February 16, 1913, shall be implemented.
- Consent (signature) of the parent who first recognized the child (only in the case of recognition through separate acts).
- Consent (signature) of the child being recognized (only in the case of children over 14 years of age).
N.B.: The Consulate General reserves the right to request supporting documentation for the application for recognition.
For further information, please send an email to consolare.johannesburg@esteri.it.