Using a baptism record in place of a birth record

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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Squigy
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Using a baptism record in place of a birth record

Post by Squigy »

Well, it's a good thing I moved my appointment from July to November (I would have been - to put it bluntly - screwed if I didn't :lol: )!

Okay, so my application is nearing completion; I have all the documents I need (save one), will be sending them in for apostilles, and have most of the translations I need.

*However*, my grandfather's birth record is presenting a problem; apparantely, he never had one issued. I've talked to people at the Vital Records office about issuing a delayed birth certificate, but they told me I'd need to get a lawyer, and file a petition in *court*, something which is nearly impossible for me since I #1, don't know if I'd have to do that *in* PA, or if I could maybe get a court order here in TX (the lady on the phone at Vital Records Dept. said I could, but I doubt this is correct), and #2 I know *nothing* about the law and would have no idea how to go about doing this, without a lawyer (something which I can't afford).

So, my question is this: if I get his baptism record, have it notarized, apostilled, and translated, will the consulate (Houston) accept this in place of a birth cert.?

Thanks for any help you can give me - I'm stressing out about this, big time, now!
My Italian surnames:

Caserta: Maietta, Rossano, Tessitore, Negro, Peluso, Musone

Campobasso: D'Andrea, Barile

Catanzaro: Fiorelli/Fiorillo, Romito
Italia1963
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Re: Using a baptism record in place of a birth record

Post by Italia1963 »

Im not sure if the Houston Consulate will accept the baptism certificate but if you have to go the route of a Delayed Birth Certificate, you would have to get the court in the state that your grandfather was born to issue the document, not the state where you live now.
The other alternative which you can do through the courts of your state now is to get a Declaratory Judgment issued, also referred to as a One and The Same document where the court would rule that your gf was never issued a birth certificate but he is your gf, born on such a date, at such a place.
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sforza
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Re: Using a baptism record in place of a birth record

Post by sforza »

When was he born and where in PA? I had a delayed birth cert created for my GF in PA and it took days.
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Re: Using a baptism record in place of a birth record

Post by JJ313 »

Houston has in the past accepted baptismal certificates in lieu of BC.
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Squigy
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Re: Using a baptism record in place of a birth record

Post by Squigy »

sforza wrote:When was he born and where in PA? I had a delayed birth cert created for my GF in PA and it took days.
He was born in Feb. 1909; I would love to hear how you had that done, though! Like I said, this is something I've been stressing out about - if I can get this done, then I'll have collected all my documents.
My Italian surnames:

Caserta: Maietta, Rossano, Tessitore, Negro, Peluso, Musone

Campobasso: D'Andrea, Barile

Catanzaro: Fiorelli/Fiorillo, Romito
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sforza
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Re: Using a baptism record in place of a birth record

Post by sforza »

Hi Squigy,

My GF was born in PA in 1904. Records before 1906 are managed at local level in PA. If you have to have the state issue the vital record, then you will not likely be able to get it done quickly.
The county orphan's court has jurisdiction in PA for those pre-1906 certs. I filed a petition for a delayed registration of birth, complete with tons of evidence he was born there (including his baptismal cert) via mail. They turned it around in a week. However, the Consulate was not accustomed to seeing this no-frills, county-generated birth cert from PA and I had to get it authenticated by the Philly consulate.
If there's a history in Houston of accepting baptismal certs in lieu of civil birth certs, then you are very lucky. I have not heard of that anywhere else, although have heard of it in the case of marriage certs. Indeed, the Newark consulate was prepared to accept a church marriage cert we submitted with my father's application.
Anyway, best of luck to you. Have you contacted the ex parte office in PA to see what you need to do to get a Declaratory Judgment?
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