Court approved birth certificate for deceased individual?

Over 25 million Italians have emigrated between 1861 and 1960 with a migration boom between 1871 and 1915 when over 13,5 million emigrants left the country for European and overseas destinations.
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Rastafeyd
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Court approved birth certificate for deceased individual?

Postby Rastafeyd » 19 Jun 2010, 13:39

Hello everyone,

I've been pursuing the Italian dual citizenship since January. I currently have all of my documents bar one. For whatever reason the Vital Records office in the city and the state cannot find my Grandmother's birth certificate. I have made requests to the local Diocese for her baptismal records, but they are so backed up packing up records from closing churches that it may be a very long time before I hear anything. The issue seems to be that somehow a name was misspelled or something, which wouldn't be surprising given the legibility of some of the handwriting I've seen on the certificates. Still, Vital statistics and the city's vital statistics have been able to find my great grandfather's paperwork and he was born some twenty years earlier. Is there a legal process by which I can provide supporting documents to a court and have them issue a birth certificate even if the person is already deceased?

Another question I have involves another birth certificate, but for my great grandmother who was born in a small town in Tennessee quite a few years before the state mandated the filing of births to the local government. She is not directly in the Italian blood line. I've obtained her Social Security paperwork from the SSA. Will this suffice in this instance?

Thank you everyone who takes the time to read this. I appreciate it immensely.


Michael

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johnnyonthespot
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Re: Court approved birth certificate for deceased individual

Postby johnnyonthespot » 19 Jun 2010, 13:49

Are the missing documents for direct-line ancestors, or non direct-line?

Which consulate will you be applying at?

Although nearly all consulate websites indicate that certificates are required both both sides of the family, the reality is that Italian law does not require them and most consulates never look at let alone take them as part of the application process.

Using myself as an example (Italy-born grandfather -> US-born father -> US-born self), the New York consulate did not require my mother's birth certificate nor my grandmother's birth/death certificates, even though the website states otherwise.
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Rastafeyd
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Re: Court approved birth certificate for deceased individual

Postby Rastafeyd » 19 Jun 2010, 13:56

My Grandmother is in the direct line of Italian citizenship. For whatever reason Vital Statistics cannot find her documents.

Great Great Grandfather (Italy) -> Great Grandfather (USA) -> Grandmother (USA) -> Father (USA) -> Me (USA)

The consulate I'd be applying to is Chicago.

Do you know of anything I can do with the courts? My Grandmother's husband is still alive, but I'm afraid she has passed on and so cannot provide the documents for a birth certificate herself.

My Great Grandmother from Tennessee is not in the direct line.

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johnnyonthespot
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Re: Court approved birth certificate for deceased individual

Postby johnnyonthespot » 19 Jun 2010, 14:06

You are almost certainly going to need to locate your grandmother's birth certificate in order to satisfy the consulate.

Does Tennessee have a process by which a birth record can be created at this late date? Many states do...

Would you mind sharing your grandmother's name, year, and place of birth? Perhaps one of us might come up with something helpful.
Carmine

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vj
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Re: Court approved birth certificate for deceased individual

Postby vj » 19 Jun 2010, 14:23

Rastafeyd wrote:...Is there a legal process by which I can provide supporting documents to a court and have them issue a birth certificate even if the person is already deceased?...


this may help, there may be more information on google
'Delayed Birth Certificate', 'Delayed Certificates of Birth', or 'Delayed Registration of Birth'

Delayed Certificates of Birth
from ancestry. com

[quote]Both of my parents were born in what I call “the B.C. period.â€


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