In previous articles we listed the vital records and the documents needed to apply for Italian citizenship by descent at an Italian consulate in the United States or abroad, at a municipality or a court in Italy. We also described the offices in both countries which are responsible for issuing the vital records needed to apply, and we provided information as to the eligibility requirements to obtain the records, and the application methods. In addition to the applicant’s family’s vital records, in order to apply for citizenship, applicants must also provide their Italian ancestor’s naturalization records or proof that the ancestor was never naturalized. All the records need to be authenticated with an Apostille and translated into Italian, however, the specific requirements vary depending on the consulate, municipality or court to which the application is submitted.
Preparing all of the required documentation can be a challenging task, especially if the records must be retrieved from different states. Drawing from this, this article will analyze the differences between retrieving records from New York City and New York State by focusing on the different types of records and the requirements needed to apply for each.
Birth certificates
Individuals born in New York City (Bronx, Brooklyn, Manhattan, Staten Island, Queens) can order a certificate from New York City Department of Health online, by mail or in person. It is also possible to obtain a copy through VitalCheck, an online accredited agency. You may request a certified copy of a birth record only if you were born in New York City, you are listed on the birth certificate (as a parent or registrant) and you are over 18. Each certificate costs $15 and applicants need a certified copy in the long form, which can be apostilled. With regard to this, when applying for the certificate, you will need to request a letter of exemplification, which will enable the record to be authenticated with an Apostille.
If applying for a deceased individual’s birth certificate, only the following will be able to request a certified record:
- Spouse
- Domestic partner
- Parent
- Child
- Sibling
- Niece/Nephew
- Aunt/uncle
- Grandchild
- Grandniece/Grandnephew
- Great grandchild
In addition to a duly signed application for a birth record, the individual submitting the request will also need to complete a family tree with the links to the decedent. If the individual died in New York City, a copy of the death certificate will be required. If the individual died outside New York City, the original death certificate will be required to process the request. Orders can only be made by mail and the applicants must also provide a money order payment of $15 for each certificate and a copy of a valid, unexpired photo identification.
Orders for birth records before 1910 must be submitted through the New York City Department of Records and Information Services Municipal Archives. The Municipal Archives hold birth records from 1847 to 1909.
Individuals born in New York State will need to retrieve their birth certificates from the Vital Records office of the New York State Department of Health, which has held records since 1881. Birth records are also available from the local Registrar of Vital Statistics office of the county in which the event occurred.
Only the following may request a certified copy of a birth record:
- The person named on the birth certificate
- A parent listed on the birth certificate
- A spouse, child or others, but only via a New York State court order.
Court orders (also known as Article 78 Proceedings) are used to appeal against the decision of a New York State agency. If you need to retrieve a deceased individual’s birth record from New York State, you will need to apply for a court order, as without one you may only receive a genealogical copy of the record. If the record pertains to an individual who is not part of your Italian lineage the citizenship clerk assessing your application might be lenient; however, if it pertains to an individual who is part of your Italian line, a genealogical copy of the record will not be accepted as it cannot be authenticated with Apostille and thus be recognized for international purposes. It is worth clarifying that you will not need a court order to retrieve a deceased individual’s marriage or death record from New York State Department of Health because the procedure established to retrieve those records entails signing a notarized affidavit and providing proof of relationship and death for both parties to the marriage, as explained below.
Finally, in order to request a birth certificate from the New York State Department of Health you will need a valid form of ID, a copy of your passport, a utility or phone bill or a letter from a government agency dated within the last six months. Online orders are $53, whereas mail orders are $30.
Marriage certificates
As for marriage records, those which took place from 1866 to 1949 in New York City are maintained by the Municipal Archives, whereas marriage records issued after 1950 to present are held by the New York City Marriage Bureau. The fee for a marriage record for foreign use (extended certificate) is $35. For the certificate to be valid it will need to be authenticated by the City Clerk’s signature in the County Clerk’s Office. Finally, the document will need to be authenticated with an Apostille by the New York State Department of Health.
Marriage records issued by the New York City Marriage Bureau can be requested in-person or by mail. A marriage record older than 50 years from today’s date is considered a historic record and is available to the general public. On the other hand, marriage records created within the last 50 years can only be requested by one of the spouses or by an attorney. When both spouses are deceased, a marriage record may be obtained by anyone presenting both parties’ original death certificates along with a form of identification and the appropriate fee.
On the other hand, the New York State Department of Health has held marriage records since 1880 for marriage licenses purchased in all New York State except New York City. Copies of marriage records can also be retrieved from the town or the city in which the event occurred. The individuals who are eligible to obtain a marriage certificate are the spouses listed on the record or individuals who have a documented judicial purpose or a New York State Court order. However, if both parties are deceased a certificate may be obtained by submitting a completed marriage certificate application form, copies of the spouses’ death certificates, documentation proving relationship and a completed notarized affidavit. The cost for a certified copy of a marriage record is $30.
Death certificates
Death certificates issued by the New York City Department of Health without the cause of death can be requested by a niece/nephew, aunt/uncle, great grandchild and great-great grandchild and grandniece/grandnephew. On the other hand, death certificates with the cause of death may only be requested by the following:
- Spouse
- Domestic partner
- Parent
- Child
- Sibling
- Grandparent
- Grandchild
- Informant listed on the certificate
- Person in charge of disposition
On the other hand, the New York State Department of Health has held holds death records since 1881 for all of New York State except New Yok City. Death records are also available from the local Registrar of Vital Statistics where the event occurred. If applying for a death certificate for the purpose of dual citizenship, an applicant must include a completed and signed application form for a death certificate, a completed and signed affidavit and documentation demonstrating relationship.
The cost for a certified copy of a death record is $30.
Divorce records
Divorce records in New York City, including case summaries or certificates of non-appeal can be retrieved from the court where the divorce was filed. In particular, cases can be retrieved from the County Clerk (Bronx County Clerk Office, Brooklyn County Clerk Office, Manhattan County Clerk Office, Queens County Clerk Office and Staten Island County Clerk Office).
Similarly, divorce records filed in New York State must be retrieved from the County Clerk where the divorce was filed. The New York State Department of Health holds records for divorces granted on or after January 1, 1963.
Naturalization records from New York
Finally, certified copies of naturalization records or proof of no naturalization can be retrieved from the United States Citizenship and Immigration Services (USCIS) but also from the National Archives at New York City or the counties in which the Italian ancestor was naturalized. In some cases, naturalization records may also be available at the court level.
We hope that this article has provided you with the necessary information to retrieve useful documents from either New York City or New York State. If you need any help with preparing your application or you are interested in a free eligibility assessment, please feel free to contact us at [email protected]. We will be happy to help you.
