Birth certificate name change

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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ryan92345
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Birth certificate name change

Post by ryan92345 »

My paternal great-great-grandfather, Sabino Cutillo, was born in the village of Candida, Avellino, Campania, Italy in 1869. He immigrated to the US in 1892.

My paternal great-grandfather, Albert Cutillo, was born in Mansfield, Massachusetts in 1918. His father Sabino was not naturalized until 1937. Albert served in the US Army during WWII and fought in Italy.

My paternal grandfather, Michael Cutillo, was born in 1944 in Mansfield, Massachusetts.

My father, Dylan Cutillo, was born in 1970 in Norwalk, California.

I have no problem obtaining the required records (birth, marriage and death, naturalization, etc...) to prove the above lineage, that is not my concern. This is the tricky part: My father Dylan never married my mother, Robin Hathaway. When I was born in 1993, she was 17 years old and she left my father Dylan off of the birth certificate so he wouldn't have to pay child support, and she gave me the name "Ryan Hathaway". I lived with my father Dylan until 1994 when he was arrested and sent to jail, whereupon my paternal grandfather Michael took legal guardianship of me and legally changed my name to "Cutillo" in 1997.

My questions are these:

What would I have to do to prove that Dylan is my biological father? I am in contact with him (he is now out of jail and has become a productive member of society) and I currently live with my grandfather Michael, both of whom could attest to my parentage. Additionally, I have attached my DNA results that show my Y-DNA to be an exact match with Italy.

Also, did my great-grandfather renounce his Italian citizenship by serving in the US Army during WW2? Or did I give it up during my (brief) time in the USAF in 2014? I didn't finish basic training and am not classified as a veteran, as far as the US Government is concerned it is as if I never served at all.

Am I still eligible for Italian citizenship even though my mother and father were never legally married?

Many thanks to anyone who can help me in this regard, I would very much appreciate it!

Respectfully,

Ryan Cutillo
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jennabet
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Re: Birth certificate name change

Post by jennabet »

Without Dylan Cutillo's name appearing on your birth certificate from 1993, only a DNA test between father and son can prove you are the son of Dylan Cutillo. A DNA test that is an exact match to Italy does not prove it nor does a name change in 1997.
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mler
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Re: Birth certificate name change

Post by mler »

Were you born in Connecticut? If so, your father's name can be added to your birth certificate in the following manner (This is copied from the state site.)"

"What Is The Process For Adding a Father to a Birth Certificate (Establishing Paternity)?

If a mother is not married at the time a child is born and has not been married at any time between conception and the birth of the child, no father will be named on the birth certificate unless both parents complete an Acknowledgement of Paternity form, or unless ordered by a court of competent jurisdiction.


Acknowledgement of Paternity

If both parents are in agreement as to who is the biological father, they must complete the Acknowledgement of Paternity form. The form is a sworn statement affirming that the named father is the biological father of the child. The form may be completed at the hospital at the time the child is born. The form may also be completed at a later date, at any local office of the Department of Social Services (DSS), or at the Department of Public Health. (See Directory of DSS offices) Once the Acknowledgement of Paternity form is completed and processed, the father’s name will be included on the child’s birth certificate.

If you complete the Acknowledgement of Paternity form at the hospital or at a DSS location, there will be no fee.


Court Ordered Paternity

Another way to establish paternity is through a court order. Court ordered paternity becomes necessary when the parents disagree about the identity of the father, or if either parent is unwilling to sign the Acknowledgement of Paternity form. If paternity is established through a court order, a certified copy of the court order must be submitted to the Department of Public Health. Once the certified court order is processed, the father’s name will be included on the child’s birth certificate."

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Thus, if your mother is no longer living, your father can get this done with a court order.
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mler
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Re: Birth certificate name change

Post by mler »

Btw, military service has no impact on your citizenship.
Alphazip
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Re: Birth certificate name change

Post by Alphazip »

If you were born In California, the instructions for adding your father's name to your birth certificate are here: http://www.courts.ca.gov/1201.htm#acc11294
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