Do you need to have a Foreign Civil Union Record (or Registered Partnership Record) registered at the Municipality of Druento? If this is your concern, then you are in the right place.
What follows is, in fact, a guide dedicated to how to register the document in this Municipality.
Before proceeding further, from this point forward we will refer to this document simply as a Civil Union Record. Furthermore, it is important to note that the contents of this guide also apply if the registration involves a Marriage Record for a same-sex marriage because in Italy same-sex marriages are registered in the Civil Status Register for Civil Unions instead of the Civil Status Register for Marriages.
PLEASE NOTE!
If you already know that you wish to entrust us with the registration of a Foreign Civil Union Record at the Municipality of Druento, please contact us!
Before the Civil Union Record to be registered can be submitted to the Italian authorities, it is necessary to verify whether, for the purpose of its recognition, it must be apostilled or legalized. In the absence of exemptions, the Civil Union Record must first be apostilled or legalized with the competent authorities of the Country where it was originally issued. If the Civil Union Record to be registered was issued by a consular authority competent for Italy and there are no exemptions from legalization, we can provide assistance with national legalization at a competent Italian Prefecture. In any case, the Civil Union Record, if it was not originally issued in Italian or in a format that includes Italian, will need to be translated into Italian. We can also handle the official sworn translation of the document from the language of origin into Italian here in Italy, if necessary, even if you do not want to entrust us with the registration.
The registration of a Foreign Civil Union Record allows a specific Civil Union Record to be recorded into the Civil Status Registers of the Country in which the registration is to occur. This procedure is particularly important because carrying out the registration has significant implications, such as the recognition of specific rights in the Country of registration.
The registration of the Civil Union Record requires two fundamental types of requirements: requirements related to at least one of the civil partners and requirements related to the document to register.
At least one of the civil partners must be an Italian citizen.
The Civil Union Record to be registered, however, cannot be contrary to public policy (ordine pubblico), as established by Italian law. A Civil Union Record that is contrary to Italian public policy cannot be registered. Furthermore, because the document is issued by a Foreign Country, its recognition requires the fulfillment of certain formal requirements, which we will examine below.
In this regard, it is necessary to make an important clarification about an aspect already mentioned in the introduction: if the document to be registered is a Marriage Record for a same-sex marriage, this specific aspect alone is not contrary to public policy and does not prevent the registration to be carried out. Indeed, the Italian legal system provides that a Marriage Record for a same-sex marriage can be registered, provided there are no other specific elements contrary to public policy. However, it will be registered in the Civil Status Register for Civil Unions instead of the Civil Status Register for Marriages.
Unless there is an applicable exemption, the recognition of the Civil Union Record by the Italian authorities requires the use of legalization procedures (apostille at the competent authority of the Country of issuance, if the document is not consular and was issued by a Country for which the Hague Convention is in force; national legalization at the competent authority of the Country of issuance followed by consular legalization at the competent Italian Consulate for that Country, if the document is not consular and was issued by a Country for which the Hague Convention is not in force; national legalization in Italy at a territorially competent Prefecture, if the document is consular and was issued by a foreign diplomatic or consular representation competent for Italy).
Furthermore, regardless of whether or not legalization procedures are required, if the document was not issued in Italian or in a format that includes Italian, the document must also be translated into Italian. If the document must be subjected to legalization procedures, the translation must be carried out after the actual completion of the legalization procedure, except in cases where the required legalization procedure is consular legalization. In the latter case, it is necessary to verify with the competent Italian Consulate whether the document must be presented already translated into Italian or whether the translation must be carried out or legalized/certified by the Consulate at the time the document is submitted. Our recommendation, if translation is necessary and is not to be performed as part of the legalization procedure, is to execute the translation of the document into Italian directly in Italy by performing a sworn translation (a translation whose content is sworn before an Italian Tribunal, an Italian Giudice di Pace, or an Italian Notary Public).
The main exemptions from legalization and apostille for Foreign Civil Union Records intended for use in Italy are as follows:
– Italy-San Marino Convention of March 31, 1939, which exempts from legalization and apostille, among others, documents issued by the Civil Status Officials of one of the two contracting parties and intended for the other contracting party (which includes Civil Union Records).
– London Convention of June 7, 1968, which exempts from legalization documents issued by the Embassies and/or Consulates of the adhering Countries that are intended for use in other Countries where the same Convention is in force, namely Austria, Greece, Malta, Portugal, Sweden, Cyprus, Ireland, Italy, Norway, United Kingdom, Switzerland, France, Liechtenstein, Netherlands, Czech Republic, Turkey, Germany, Luxembourg, Poland, and Spain, or at the consular and diplomatic representations of one of those Countries anywhere in the world. The London Convention is relevant if the Civil Union Record is issued by a consular authority.
– Regulation (EU) 2016/1191, which exempts from legalization and apostille, among others, EU public documents concerning civil unions and their respective certified copies, to be valid in the Member States of the European Union, when issued by another Member State of the European Union or by a consular or diplomatic representation of another Member State.
Before starting a registration procedure for a Foreign Civil Union Record at the Municipality of Druento, it is necessary to establish whether this Municipality is competent for the registration of that Civil Union Record. If it is not competent based on the criteria illustrated below, it will not be possible to proceed with the registration there.
Current Italian legislation establishes precise rules for determining which Italian Municipality can carry out the registration of a Foreign Civil Union Record. This means that the Civil Union Record cannot be registered in a Municipality of your own choice, except in very specific circumstances. In fact, there is a hierarchically ordered set of criteria to follow in descending order to establish where the registration can take place, and one can move to the next criterion only if the previous criterion has yielded a negative result.
The hierarchy is as follows and must be applied individually to each Italian civil partner:
1. The Italian Municipality in which the civil partner is currently resident or intends to establish residence. If the civil partner does not yet reside in the designated Municipality, they must first submit an application for registration in the Population Register;
2. If the civil partner is an Italian citizen registered with the AIRE (Register of Italians Residing Abroad), the registration must instead be carried out at the Italian Municipality of AIRE registration;
3. The Italian Municipality where the civil partner’s Birth Record was originally filed or has been registered;
4. For a civil partner born in a Foreign Country and currently residing abroad, the registration must be carried out in the Italian Municipality of birth or residence of the mother or father, or the maternal or paternal ancestor;
5. The registration can be carried out in a Municipality chosen by the civil partner only if the other four criteria stated above have each sequentially yielded a negative result.
If both civil partners are Italian citizens, the registration can be performed at the Municipality of Druento if, according to the above-mentioned criteria, the Municipality is competent for at least one of them.
The registration of the Civil Union Record at the Municipality of Druento may be requested by anyone meeting the following requirements:
The application for the registration of the Civil Union Record at the Municipality of Druento can be submitted in different ways, of which we will explain the main ones. The procedure always requires providing the Civil Union Record. The document must be appropriately subjected to a legalization procedure, if necessary, and translated into Italian, if it was not already issued in Italian or in a format that also includes Italian, via a sworn translation.
As part of the application, if not submitted through an Italian Embassy or Consulate, it may be necessary to fill out specific forms. Where specific forms are required, they may be provided at the office (for in-person applications), or be available on the website of the Municipality of Druento (for remote applications).
Furthermore, the application can also be submitted through authorized representatives. The representative must provide a power of attorney duly completed and signed by the interested party, a copy of their own identity document, and a copy of the delegating party’s identity document. In some cases, the power of attorney must be specifically drafted on a particular form provided by the Municipality. These forms can generally be obtained from the Municipality’s website.
– By Submitting an Application through the Competent Italian Embassy or Consulate
In this case, the authorities of the Italian Embassy or Consulate competent for the Foreign Country where the Civil Union Record was originally issued will submit the application, on behalf of the applicant, to the Municipality of Druento via Certified Electronic Mail (PEC), attaching all the necessary documents provided by the applicant.
– In Person at the Municipality
The registration can be initiated by going to the competent office of the Municipality of Druento. In this case, the applicant will be responsible for presenting all the necessary original documentation to the competent office, either in person or through a representative.
– Via Mail and/or Courier
The Municipality of Druento may agree to initiate a registration even by receiving all the necessary original documentation via mail and/or courier.
To verify this, it is necessary to contact the competent Municipal office.
Usually, the registration itself, when carried out directly at a Municipality, is free of charge. However, it is advisable to contact the Municipality of Druento to check for any administrative fees required to submit the application. If, instead, the application is submitted through the competent Italian Embassy or Consulate, the payment of consular fees might be required; these should be verified directly with the Embassy or Consulate handling the application.
If the Municipality of Druento permits the initiation of the registration via mail or courier, you must cover the shipping costs for sending all the necessary documentation to the Municipality to complete the registration.
Given the particular nature and complexity of registrations, it is not possible to establish definite times for their completion. Time frames must always be verified with the Municipality of Druento, and even if a time frame is provided, it may only be indicative. Should the registration have been initiated through the Italian Embassy or Consulate competent for the Country where the Foreign Birth Record was originally issued, the Embassy or Consulate will receive a notification via Certified Electronic Mail (PEC) from the Municipality upon completion of the registration.
Do you already know that you cannot personally handle the application for the registration of a Foreign Civil Union Record at the Municipality of Druento? We can do it for you!
Contact us and we will be happy to request the registration for you.
We can also handle the sworn translation into Italian of all necessary documents for the registration, as well as their national legalization in Italy, if the documents are consular documents issued by a Foreign Consulate competent for Italy.
Finally, we can carry out any other procedure on your behalf at the Municipality of Druento, such as the registration of other records, annotations and corrections, as well as marriage banns and applications for the registration of a civil union/registered partnership, through power of attorney.
We can also handle requests for Certificates, Extracts, and Full Copies of Records. Furthermore, should the requested documents be intended for use in a Foreign Country, we can also handle their legalization or apostille at the territorially competent Prefecture and/or their official translation.
