....has a wealth of information on Court orders with examples and it is a good source of information.....
Except that some consulates, particularly New York, don't like or accept court orders, as a recent applicant stated in a recap report. Apparently, this person did not have a copy of the grand-father's birth certificate and submitted a Declaration One and the Same obtained by court order. The consulate told the applicant that "this means nothing". Same consulate also instructed the applicant (who is apparently waiting for the court to issue a delayed birth certificate for a deceased ancestor) to FIND the birth certificate. FIND the birth certificate does NOT mean CREATE a new one.
Each appointment is different and it can depend on the consulate officer you are sitting in front of at the time of the appointment.
As to the comment they do not accept court orders is a broad stroke and not totally accurate. I had a one and the same accepted by the NYC Consulate for a difference in spelling from the Italian BC to the American Marriage License on the last name of my grandfather. It was key as the difference carreid all the way down the paperwork.
While that is easier to over come using the one and the same order I do not see that as the same as mentioned above. Missing a major piece of documentation such as a birth certificate of a person in the direct line is a serious problem I would think at any consulate.
Plus there is a difference in a one and the same order by many judges and a delayed BC. Maybe the applicant should have gone in without any documentation as to the birth and waited for the officer to tell him what was acceptable. Even though NYC is tough they can give some insight as to what they will accept in the end.
Delayed BC are accepted and a lot depends on how the consualte officer sees the entire process as he proceeded through the paperwork.
I just don't see how or why a consulate would accept a delayed birth certificate created for a deceased person when instructions from the consulat were, "find" the birth certificate you haven't found up to this point. Since when did "find" mean create a new one, especially when the person is deceased?
I had my appointment at the NYC Consulate in February. I was missing my GF's NYC birth record and had not yet found his baptism record. Their letter stated, in sum, that a Court Order was required to prove my GF's birth and indicate that the spelling of the last name had changed AND that his birth must be registered with Vital Records and that I must bring them a copy of the new certificate. (He was born in 1896.) The Consulate officer assured me that others had done this and that it could be done. It appears that it is a NYC Supreme Court matter.