Registering a Civil Union or Canadian Same-Sex Marriage in Italy
In accordance with Law No. 76, dated 05.05.2016, which came into force on 05.06.2016, and Prime Ministerial Decree No. 144, dated 07.23.2016, which came into force on 07.29.2016, it is possible to apply through the Consular Authority to the competent Italian municipality for the registration of acts constituted abroad of both marriage and civil union between persons of the same sex (Art. 8, paragraph 3).
Therefore, an Italian citizen who has contracted a civil union or marriage with persons of the same sex according to local laws may request the registration of such acts, even if they occurred before the above-mentioned Law No. 76/2016 came into force.
The aforementioned records will be registered in the Italian legal system as “civil unions” in the special Provisional Register of Civil Unions established at each municipality (Article 9, paragraph 1, DPCM 144/2016).
In documents and acts in which the civil status is to be indicated, at the request of the interested parties, the formulas of “in a civil union” will be used (Art. 7, paragraph 2, DPCM 144/2016).
If you reside in the jurisdiction of the Consulate General of Toronto (Ontario with some exceptions, Manitoba and Northwestern Territories) and you wish to apply for registration of Civil Union records in Italy, you must send by mail (or by courier) the following documents , to the address:
Consulate General of Italy
136 Beverley StreeT
Toronto, M5T 1Y5, ON
1. Application form (form will open in a new tab); please indicate all the required information, in particular the place and date of the civil union (or marriage), previous marital status;
2. Deed of Civil Union or Marriage in original (Same-Sex Marriage Certificate or Civil Union Certificate). The act must be apostilled* and fully translated into Italian by one of the ATIO certified translators listed on the list available here.
3. Photocopy of applicant’s passport or driver’s license (with photo and signature).
4. Photocopy of the birth certificate of the non-Italian civilly united (if applicable).
*APOSTILLE: HOW TO OBTAIN IT
As of January 11, 2024, the Convention of The Hague on the Apostille enters into effect in Canada. This means that Global Affairs Canada and Provincial Authentication Services will no longer authenticate public documents or other notarized private documents. Instead, they will issue an Apostille (a certificate that will accompany the original document it refers to). The Apostille eliminates steps required to get documents accepted in countries where the convention is in effect (including Italy). As an example, if a document carries the apostille, the legalization by the Consulate General of Italy will no longer be required.
a) If a document has been issued by the Authorities of Manitoba or North West Territories or if it has been notarized by Manitoba or NWT Authorities, the Apostille will be issued by Global Affairs Canada.
Click here for information on the procedure to apply for an Apostille issued by Global Affairs Canada.
b) If a document has been issued or notarized in Ontario, the request for an Apostille will have to be sent to the Ministry for Public and Business Service Delivery of Ontario.
Click here for information on the procedure to apply for an Apostille issued by MPSBD Ontario.
If a document carries the Apostille, it does not require further legalization by the Consulate. As of January 1, 2025, the Consulate no longer legalises Canadian vital records, certificates or other official documents. Said documents must be apostilled by the relevant Canadian authorities.
TRANSLATIONS CARRIED OUT BY ATIO CERTIFIED TRANSLATORS:
The Consulate can legalise translations carried out by ATIO certified translators whose signature is on file with this Consulate (list available here). Please note that a consular fee is due for the legalization of translators’ signature (art. 69 of the Consular Fee).
If you wish to contact a translator not registered with our Consulate, you may do so but, in order for that translation to be used/recognized in Italy:
- You will have to have the translation notarized by a notary public/lawyer operating in Canada;
- Following point 1, you will have to apply for the Apostille issued either by Global Affairs Canada or by the Official Documents Service of Ontario, based on where your translation is notarized.
Once your translation is apostilled, no further legalization of the Consulate will be required.
The consular fee (Art. 69 above) must be included in the envelope, in the form of a money order/bank draft for the exact amount, in Canadian dollars, made out to the Consulate General of Italy in Toronto. If in doubt with reference to the amount due, kindly reach out to toronto.anagrafe@esteri.it.
Please, NOTE:
– The Consulate does NOT return original documentation.
– Only requests received complete with all necessary documentation are processed.
– Only in case of incorrect or incomplete documentation, if the interested party wishes to have the file returned, he/she must also include an additional self-addressed, pre-stamped envelope (XpressPost or courier) in the main envelope sent to the Consulate.