perhaps I spoke to soon….

… I’ve been notified that tomorrow, tuesday 29 September, there will be a meeting to decide whether or not the lawyers can even pursue this with the adoption.

The question stands: Does the adoption sever any right I had to be considered italian, even though I was born with italian blood?

As it stands now, no one seems certain… and there don’t seem to be any cases previous to mine of people trying this.

In the European Convention on Nationality of 1997, chapter V, article 14, paragraph 1. Says:

“A State Party shall allow: children having different nationalities acquired automatically at birth to retain this nationalities”.

Paragraph 2 states: “The retention of the nationalities mentioned in paragraph 1 is subject to the relevant provisions of Article 7 of this convention


Article 7-Loss of Nationality ex lege

1. A State Party may not provide in its internal law for the loss of nationality ex lege …. Except in the following cases:

g. adoption of a child if the child acquires or possesses the foreign nationality of one or both of the adoptive parents.


So while Italy shall allow me to retain my Italian citizenship acquired automatically at birth, this is subject to article 7’s provision, which states that Italy may provide in its internal law for the loss of nationality if I was adopted and acquired the foreign nationality of the adoptive parents.


The main thrust here seems to be avoiding a child being “stateless”.



Adoption determines that the minor acquires the status of legitimate son and the citizenship of the adoptive parents.”

L’adozione determina per il minore l’acquisto dello status di figlio legittimo e della cittadinanza dei genitori adottivi.”


None of this clearly states that I either have or don’t have citizenship. All the sites on italian citizenship mention ways of losing one’s citizenship and they include either voluntary or involuntary means: voluntary being by renunciation and involuntary by several different means, but non mentions adoption directly. The closest is the European Union statement that Italy MAY provide for it as long as I acquire the foreign nationality of the adoptive parents, but the EU also says Italy MAY allow dual nationality. It could be the determiner is “Adoption stipulating/determining that the minor acquires the citizenship of the adoptive parents”.

However, it would seem to complicate matters that the adoption wasn’t done in Italy and therefore isn’t necessarily subjected to Italian law. You might think these things would carry over but they don’t automatically. For an adopted baby to be recognized as adopted to an Italian family, the adoption has to be recognized by a judicial act IN italy. So it’s possible that US law would come into play here and if US law allows heritage citizenship, then perhaps I retain it. But then Italy would still have some say here…..

Anyway, it all get’s tricky and I guess that’s why there are lawyers to sort through it all. But apparently it won’t be straightforward and I will likely have to have them argue the case in front of a judge in order to get this Ok’d. Then there is the matter of proving that I actually am the blood son even if the court decides an adoptee can be accepted as a blood relative.


They decide this tomorrow, so if you happen to remember, keep it in prayer.

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