After determining that you are eligible for Italian citizenship by descent, the next step is to gather documents to complete your citizenship application. No matter if you are applying at an Italian consulate in the United States, a municipality in Italy, or via a court case, vital records are critical to proving an unbroken chain between you and your most recent Italian born ancestor. The process for retrieving vital records can be different in each state, and in some cases may require a court order to acquire certain records. This article will outline the process for gathering documents in California and any peculiarities that make the state different from others.
Documents for a Citizenship Application
In general, citizenship kits include vital records pertaining to all the individuals in the Italian lineage, from the applicant to the most recent Italian born ancestor, Some Italian consulates also require the vital records for spouses of the individuals in the Italian lineage. Vital records include long-form birth, marriage, divorce (if applicable) and death certificates, as well as certified copies of naturalization records of the Italian born ancestor or proof they never naturalized. These documents must then be reviewed for discrepancies and in some cases amended, as well as authenticated with apostilles and then translated into Italian.
The process for retrieving vital records can vary from state to state. For instance, the record may be located either at the state, county or city level. Also, some states offer in-person services or alternatively, the records may be only requested online. In fact, in New York State, the only person permitted to request a copy of a birth certificate is the individual listed on the record or the individual’s parent. This can cause difficulties when someone requires the birth records for their ancestors who are deceased, as the only path to acquire the birth certificate is through a New York State court order.
Vital Records in California
In California, the California Department of Public Health – Vital Records (CDPH-VR) holds birth, marriage, divorce, and death records for the state.
Birth and death records are available from July 1905 to the present. For records before July 1905, one must contact the County Recorder in the county where the event occurred.
Marriage records are available for the years 1905 to 1999 and 2008 to 2022. For the years 2000-2007 and 2023, one must contact the County Recorder in the county where the event occurred. It’s important to note that these are for public marriage certificates. Confidential marriage records are only available from the County Clerk’s office in the county where the confidential marriage license was issued. Only the two individuals named on the certificate can obtain copies of such records.
Divorce records are available for 1962 through June 1984, of which only a Certificate of Record is provided by the California Department of Public Health. For copies of the divorce decree, one must contact the Superior Court in the county where the event occurred.
How to Retrieve California Records
Requests for vital records from the California Department of Public Health can be made by mail or online through a third-party service like VitalCheck. VitalCheck is a government-authorized service that allows individuals to request vital records from over 450 official government agencies nationwide.
To request a certified copy of a record by mail directly from the CDPH-VR, a notarized sworn statement is also required, which declares you as authorized to be the recipient of the certificate. A list of authorized individuals can be found on the California Department of Public Health’s website, but it includes the parent, child, grandparent, grandchild, sibling, and spouse of the individual listed on the record, as well as others.
Along with a completed application form and notarized sworn statement, payment of the fee is required by check or money order. The fee for a birth certificate is $29, marriage certificate is $17, death certificate is $24, and divorce Certificate of Record is $14. Fees may vary when requesting records at the county level.
If the request is accepted, CDPH-VR will process the application and mail the certificate via First Class Mail through the United States Postal Service. Processing times at the moment this article is written are 10-12 weeks.
It’s important to note that processing times may be shorter at the county level and some county offices also accept requests by phone, fax or online with credit card payment. Reference the directory of county registrars and recorders on the California Department of Public Health website to find the applicable contact.
Naturalization records can be retrieved from the National Archives and Records Administration (NARA), the United States Citizenship and Immigration Services (USCIS), or in some cases, the county in which the naturalization took place.
Apostilles of Vital Records
Once you have acquired the certified copies of the vital records, they will need to be apostilled. An apostille certifies authenticity of a document, and in the case of a citizenship application, is necessary for the documents that are issued outside of Italy. Issuing an apostille is how a country shows validity of a document for use in another country.
The person or department who issues an apostille is dependent on who issued the original document. State-issued documents, like birth, marriage, and death records, will need to be apostilled by the Secretary of State’s office.
It’s important to check the signature that is on the document, as the California Secretary of State will not issue an apostille for certain signatures, such as the health officer or county registrar. This signature, along with the name and title of the public official can be found at the bottom of the certificate.
For birth and death certificates, the California Secretary of State can issue an Apostille for the signatures of:
- county clerks and their deputies,
- county recorders and their deputies, and
- the State Registrar (California Department of Public Health)
If the birth or death certificate was issued at the city or county level and has the signature of a Health Officer or County Registrar (e.g. Local Registrar, Registrar of Vital Records), before submitting to the Secretary of State for an apostille, one must do either of the following:
- have the birth or death certificate certified by the county clerk’s office in the county in which it was issued, OR
- obtain a certified copy of that birth or death certificate from the county recorder or State of California Department of Public Health
Apostille requests can be sent by mail to the Notary Public Section Office in Sacramento, California. Requests must include the certified document, a completed Apostille Mail Request Cover Sheet, payment via check or money order of $20 per apostille requested, and a self-addressed envelope that will be used to mail back the processed document.
Conclusion
Even though there are some general rules and guidelines for the collection of vital records, it can vary from state to state. Therefore, the retrieval of documents for a citizenship application can be a complicated process. If you have questions, don’t hesitate to contact us at [email protected] for more information.
