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The OP of this question

would like to learn how to pass on his Italian citizenship to his unborn child, the mother of which is not his wife (British citizen). They desire that the child should not have his last name, but that he be recognised as the father.

The OP is aware that he can pass on his Italian citizenship as the father, so it is not a question about Italian Nationality law.

Since the discription of Expatriates is Q&A about the site for people living abroad on a long-term basis, one would assume that an Italian citizen, that has lived in the United Kingdom since 2003, asking how to go about getting this done correctly would be appropriat for the expatriates site.

Unfortunately enough users (the last of which was a moderator) were found to close this question 'because this may probably be more suitable on law@SE' on the same day.

Despite comments (from me) that this is a procedure can only be done through the (Italian) AIRE system of the responsible local consulate, the user who stared the close procedure has not revered their close vote.

Unfortunately not enough other reopen votes have been found so that a prepared answer can be given.


I believe it would be wise to clairfy (reach consensus), that questions as to how to bring about situations that are listed as d,e and f in the

Vienna Convention Consular Relations of 1963-04-24:
...
Article 5
CONSULAR FUNCTIONS
Consular functions consist in :
...
(d) issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents to persons wishing to travel to the sending State ;
(e) helping and assisting nationals, both individuals and bodies corporate, of the sending State ;
(f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain functions of an administrative nature, provided that there is nothing contrary thereto in the laws and regulations of the receiving State ;
...

should generally not be closed (or moved elsewhere) and that moderators should be made aware of this.

The question above (that has been closed) falls clearly within the (f) function and should be reopened, since the administrative function of registering of a child born abroad and its recognition as an Italian citizen can only be done through the Italian consulate.

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2 Answers 2

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While this question was eventually reopened, I resent you blaiming its closure firmly on me and demanding that I (user who started the close procedure) revert my vote.

Every user that reached a certain level on this forum is entitled to cast votes to close and reopen, and so are you and me. I think that the question is not about a consular procedure, it is about citizenship and eligibility to such in a very specific, likely unique, situation the OP ended up with. So I suggested to move the question to Law@SE. Four other users agreed with me.

It is entirely possible that you know the answer to the OP's specific question, and it is entirely possible that your answer was in fact useful to them (they did accept it). But that said, the situation is not a mere registering a child with the consulate, and is non-trivial also in regards to the UK's internal laws. Even if the OP accepted your answer, I still don't think it was appropriate for the expatriates forum, and I still don't think it was about consular functions at all.

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I resent you blaiming its closure firmly on me and demanding that I (user who started the close procedure) revert my vote.
...
I still don't think it was appropriate for the expatriates forum, and I still don't think it was about consular functions at all.

This was never a matter for law.SE, since most countries (including Italy) recognise children of their nationals as citizens. Therefore there is nothing to clairfy at law.SE and as a member of law, who has written many answers about nationality laws, I would have voted to send the question back. It was clear, from the begining, that this was only a matter of the Italian procedure which (as with most countries) is done through their consulate.

This was explained to you and ended with 'If this is now clear to you, then vote to reopen so that I can submit the prepaired answer to the OP question.' (that you write here as 'demanding').

Your lack of knowledge on this topic lead to a 4 day delay in getting this question answered.

I have noticed that your attitude in your interactions with other users leaves much to be desired.

Even worse is your lack of willingness to learn or to understand that in Europe things are done differently than in the US.

But in this case the procedure for Italy and the US are the same:

Birth of U.S. Citizens and Non-Citizen Nationals Abroad
If you are a U.S. citizen (or non-citizen national) and have a child overseas, you should report their birth at the nearest U.S. embassy or consulate as soon as possible so that a Consular Report of Birth Abroad (CRBA) can be issued as an official record of the child’s claim to U.S. citizenship or nationality.

and is also true for France and Germany (and probably true for many, many more countries)

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  • You keep blaming me, for a single vote out of five. You do understand how consensus works, right? I'd appreciate it if you'd stop your personal attacks against me just because I happened to be the first to cast the first vote.
    – littleadv
    Oct 6, 2022 at 21:21
  • @littleadv For the original question the final consensus was that the question should not have been closed at all. Before that, you were informed that the question was a pure Expatriates issue. Your reaction to this showed only your lack of knowledge for this particular topic. Oct 7, 2022 at 3:30
  • @littleadv This meta question was opened to document the reason why such questions should not be closed in the future. It did so without naming any participants. With privileges comes responsibilities. Close votes should only be made by persons with the needed background knowledge. The main goal of this site is to give users answers, not to block answers from being given. Oct 7, 2022 at 3:30

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