Author
Beneficiaries of international protection or special protection can apply for registration.
No data on beneficiaries of international or national protection resident in Italy is available.
However, according to Istat, the number of foreign citizens residing in Italy grew from 5,141,341 in 2023, to 5,307,598 in 2024.[1]
Registration of childbirth
The birth of a child can be registered at the hospital within 3 days from the birth, or within ten days from the birth at the municipality, with the presentation of a valid identification document.
Registration of marriage
According to the Italian Civil Code, foreign citizens who intend to contract a marriage in Italy must present a certification of the absence of impediments to contracting the marriage (nulla osta), issued by their embassy.[2] Until recently refugees could substitute the nulla osta with a UNHCR certification. This practice was established following a formal note sent on 9 April 1974 by the Ministry of Justice to the Ministry of Foreign Affairs.
Following the evolution of the legislation on the recognition of refugee status, which has entrusted the entire international protection procedure to the Ministry of Interior, UNHCR encouraged the latter to define new procedures regarding the clearance for marriage for beneficiaries of refugee status. On 12 January 2022, the Ministry of Interior, following up on the suggestion made by the UN Agency, published a circular which introduces a new procedure, informed by the procedure described in Article 1 paragraph 2 of Legislative Decree 19 January 2017, n. 7, for the clearance for marriage for refugees: to the request for publication of the marriage submitted to the municipality, the refugee has only to attach a substitutive declaration, pursuant to Presidential Decree no. 445 of 28 December 2000.[3]
The law does not provide a solution for applicants for international protection and beneficiaries of subsidiary or national protection who cannot request the authorisation (nulla osta) from their embassies with a view to registering a marriage. In this case, they can follow the procedure set out in Article 98 of the Italian Civil Code, which entails a request for the marriage authorisation to the municipality and, after the refusal of the request for want of nulla osta, an appeal to the Civil Court, asking the Court to ascertain that there are no impediments to the marriage.
In such cases, and when the applicants do not want or cannot apply to the authorities of their countries of origin, a request can be submitted, pursuant to the procedure set out in article 98 of the Italian Civil Code, to the register of the municipality of residence for the publication of the marriage (attaching a notarial act signed in court or before a notary or a declaration in lieu of affidavit – with a written statement explaining the reasons why the person cannot submit the clearance issued by the authorities of their country of origin). In cases of rejection of the request by the register, the person can appeal to the court, asking the judge to establish that there are no impediments to the marriage and to order the registrar to proceed with the publication of the marriage.
[1] Istat, Foreign population residing in Italy, available at: https://l1nq.com/oXzkM.
[2] Article 116 Civil Code.
[3] Ministry of Interior, Department for Internal and Territorial Affairs, Circular n. 1/2022, on the clearance for the refugee who intends to contract marriage in Italy, available at: https://bit.ly/3MYvzqv.