Recognition of civil unions by Italy

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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Re: Recognition of civil unions by Italy

Post by rjnigro » 06 Aug 2018, 16:03

Agree mler ... And the scope of my reply was to the points of the initial poster with regard to obtaining citizenship and a permesso di soggiorno for the posters same sex partner. TerraLavoro is on point with regard to the questions raised by italia787 ...

Italia787: Also take a look at the NY Consulate website: https://consnewyork.esteri.it/consolato ... nione.html

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Re: Recognition of civil unions by Italy

Post by mler » 06 Aug 2018, 20:30

That is an excellent find, rjnigro. The instructions apparently apply to marriage or civil unions, and I don’t see any distinction made regarding the sex of of applicants.

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Re: Recognition of civil unions by Italy

Post by jennabet » 10 Aug 2018, 13:22

The new government in Italy has seen fit to replace with common sense policy the instructions for registering children which the previous government had in place. "We will defend the natural family" ......Matteo Salvini, Interior Minister/Deputy Prime Minister
http://www.ansa.it/english/news/2018/08 ... 51413.html

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Re: Recognition of civil unions by Italy

Post by jennabet » 10 Aug 2018, 13:51

mler wrote:
06 Aug 2018, 20:30
That is an excellent find, rjnigro. The instructions apparently apply to marriage or civil unions, and I don’t see any distinction made regarding the sex of of applicants.
Editing to roll back policies of the previous administration is in progress. Consulates will also have to change their websites to be in compliance with the new rules.

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Re: Recognition of civil unions by Italy

Post by rjnigro » 12 Aug 2018, 14:45

Editing to roll back policies of the previous administration is in progress. Consulates will also have to change their websites to be in compliance with the new rules.
It should be understood that the recognition of civil unions in Italy is not a mere "policy" or "rule" put in place by the previous government. The fact is recognition of civil unions is law in Italy and it can not be annulled by a mere wish or decree. The civil unions law in Italy was passed by both parts of the legislature and signed by the president and "la legge e' entrata in vigore". Another law would have to be enacted annulling the civil unions law and thereby annulling the rights of a group of citizens.

Until that happens, if it ever does, the government and and the consulates are required to follow the current law with regard to the granting citizenship via marriage or civil union. The process for such is detailed here: https://consnewyork.esteri.it/consolato ... nione.html

The same sex spouse of an Italian citizen can also obtain a permesso di soggiorno as long as the Italian citizen is also an Italian resident.

An Italian citizen is also an EU citizen so the same sex spouse can obtain the corresponding "permesso di soggiorno" (green card for easy explanation) in any other EU country where the Italian/EU citizen is a resident ... Some EU countries, mostly in Eastern Europe, have objected to this but the European Court of Justice recently made a ruling in this regard: https://www.bbc.com/news/world-europe-44366898

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Re: Recognition of civil unions by Italy

Post by mler » 12 Aug 2018, 15:30

If I’m reading the information in these links correctly, that would mean that although Italy does not recognize same-sex marriages, it does recognize same- and opposite-sex civil unions.

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Re: Recognition of civil unions by Italy

Post by rjnigro » 12 Aug 2018, 16:18

If I’m reading the information in these links correctly, that would mean that although Italy does not recognize same-sex marriages, it does recognize same- and opposite-sex civil unions.
In Italy people of the same sex can not enter into a marriage but they can enter into a civil-union which varies a bit from marriage: https://www.corriere.it/english/16_magg ... resh_ce-cp

If an Italian citizen enters into marriage with a person of the same sex in a local where that is allowed (ex. USA or France, or England) upon registering that marriage in Italy it will be transcribed at the Comune in which it is being registered as a civil union

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Re: Recognition of civil unions by Italy

Post by mler » 12 Aug 2018, 16:27

Got it. Thanks.

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Re: Recognition of civil unions by Italy

Post by jennabet » 12 Aug 2018, 16:35

rjnigro wrote:
12 Aug 2018, 16:18

If an Italian citizen enters into marriage with a person of the same sex in a local where that is allowed (ex. USA or France, or England) upon registering that marriage in Italy it will be transcribed at the Comune in which it is being registered as a civil union
If the same sex couple has children, the above will not be the case in any commune that complies with the law. Previously, they could register themselves and their children because they would be listed as, as ridiculous as it sounds, Parent 1 and Parent 2. Now, ALL parents in Italy must be listed as Mother and Father (no other definition allowed) and there is no way a same sex couple could ever be Mother and Father.

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Re: Recognition of civil unions by Italy

Post by rjnigro » 12 Aug 2018, 17:16

This thread was started by Italia787 to discuss the possibility for a same sex spouse of an Italian citizen to naturalize as an Italian and the possibility to obtain a permesso di soggiorno for a same sex partner of an Italian citizen. The factual information provided was in response to that ...

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Re: Recognition of civil unions by Italy

Post by jennabet » 12 Aug 2018, 17:46

Italia787 and partner are NOT a same sex couple and this was clearly stated but the thread was interrupted with same-sex information that does not pertain to Italia787.

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Re: Recognition of civil unions by Italy

Post by jennabet » 12 Aug 2018, 17:52

italia787 wrote:
25 Jul 2018, 12:37
Hi all.

I'm wondering: if I get an Italian passport, can my partner get one as well? And, if so, do we have to be married?

We are considering getting PACS'ed (French civil union), and are wondering if this would be acceptable. We are an opposite sex couple in case that matters.

Thanks.
Sorry for the confusion italia787 and that your thread was interrupted with information that does not pertain to you. Clearly stated above is your statement that you are an opposite sex couple.

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Re: Recognition of civil unions by Italy

Post by mler » 13 Aug 2018, 12:56

That is true, and no one really knows what the future holds in terms of law. However, at the present time, citizenship can be obtained according to consular instructions:

Case 1: Men: marriage / civil union with Italian citizen - Women: marriage / civil union with Italian citizen celebrated on or after April 28th, 1983.

Case 2: Women only: marriage of a foreign woman with an Italian man celebrated on or before April 27th 1983.


Note that in Case 1, which applies to you, no reference is made as to the sex of the spouse.

Case 2 specifically defines the situation as one between an Italian man and a foreign woman.

If I read the law correctly, it seems that it restricts the right to adopt for same-sex couples; I do not see a similar restriction for opposite sex couples who are registered with civil unions.

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Re: Recognition of civil unions by Italy

Post by rjnigro » 13 Aug 2018, 15:08

In Italy, civil unions are for two people of the same sex and adopting children (in Italy) is restricted
https://www.esteri.it/mae/en/servizi/it ... fatto.html

Notwithstanding the current statements by Ministers Fontana and Salvini, courts have generally ruled to recognize and allow the registration of the children by their same sex parents

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Re: Recognition of civil unions by Italy

Post by jennabet » 13 Aug 2018, 17:40

jennabet wrote:
25 Jul 2018, 17:44
Since there is no same-sex marriage in Italy, civil unions are for same-sex couples only. An opposite sex couple who chooses not to marry in the legal sense would be entitled to a Defacto Arrangement only. A defacto arrangement does not change the civil status of each party and therefore the opposite sex partner in a Defacto arrangement with an Italian national would never be entitled to Italian citizenship through a relationship with the Italian national. Only a legal marriage would allow it.
The fact that civil unions in Italy are for same-sex couples only was determined early in the thread.

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