Applying for dual citizenship through ancestry—such as Italian citizenship via jure sanguinis—often involves tracing lineage through historical documents. But what happens when your ancestors’ names appear differently across birth, marriage, death, and immigration records? These discrepancies can derail an otherwise valid application. Fortunately, judicial declarations, often called “One and the Same Person” court orders, offer a legal remedy.
Why Ancestor Name Discrepancies Matter
Immigrant ancestors frequently altered or anglicized their names upon arriving in the U.S. For example, “Giovanni” might become “John,” or “Francesco” might be recorded as “Frank.” These changes, along with clerical errors and inconsistent recordkeeping, can result in mismatched documentation that fails to meet the strict requirements of foreign consulates or courts.
Countries like Italy require consistent documentation across generations to confirm lineage. If your great-grandfather’s birth certificate says “Giovanni Rossi” but his death certificate says “John Ross,” you may need a court order affirming they are the same person.
What Is a “One and the Same” Judicial Declaration?
A “One and the Same Person” court order is a legal judgment issued by a U.S. court confirming that different names across documents refer to the same individual. This declaration is used to resolve discrepancies in vital records when amendments are not possible or practical. These orders are especially useful when:
- Multiple name variations exist across generations.
- Vital records cannot be amended due to jurisdictional or procedural limitations.
- Foreign consulates require legal confirmation of identity before granting citizenship.
Legal Challenges and Jurisdictional Limits
While some courts have granted these orders, others have denied them due to lack of statutory authority. For example, some courts deny such relief, but a substantial number of courts (perhaps even a majority) grant such relief, often without opposition by the named governmental respondent. For example, the NYSDOH and NYCDOHMH both routinely file papers indicating that they “take no position” with respect to a party’s request for an OATS declaration.
How to Obtain a Judicial Declaration
If you’re facing name discrepancies in your ancestor’s records, here’s how to proceed:
- Gather All Relevant Documents: Collect birth, baptismal, marriage, death, immigration, military registration, and naturalization records showing name variations.
- Consult an Attorney: Legal expertise is crucial. Attorneys can assess whether a court order or administrative amendment is appropriate. Filing “pro se” or without an attorney is also possible.
- File a Petition: In jurisdictions like New York or Pennsylvania, this involves submitting a formal request to the court, often with supporting evidence such as church records or census data
- Serve the Appropriate Agencies: Include relevant government departments (e.g., Department of Health) as respondents to establish a legal controversy.
- Attend a Hearing: Be prepared to explain the discrepancies and present evidence.
- Receive the Court Order: If granted, this document can be submitted to foreign consulates as proof of identity consistency.
When Amendments Are an Alternative
In some cases, you may be able to amend vital records directly through administrative processes. For example, New York and Pennsylvania allow amendments to birth and death certificates via court petition, which may be simpler than seeking a declaratory judgment. But amendment typically requires an error that ought to be corrected. But if the name was correct on the record, and the person just later adopted a different name, or Americanized their birth name, than an OATS order will likely be required.
Final Thoughts
Judicial declarations are a powerful tool for resolving ancestral name discrepancies in dual citizenship applications. While the process can be complex and varies by jurisdiction, it offers a path forward when historical inconsistencies threaten to block your claim to citizenship.
If you’re navigating this process, consider working with a legal professional experienced in immigration and vital record amendments. With the right strategy, you can honor your heritage and secure your place in the country of your ancestors. The attorneys at Kloss, Stenger, & Gormley LLP have obtained OATS orders/judicial declarations and welcome the opportunity to discuss your needs.
See also https://askalawlibrarian.nycourts.gov/legalresearch/faq/416205
See also https://dualusitalian.com/discrepancies-on-documents/
We assist clients in gathering, preparing, and organizing the necessary documentation to support an application for dual citizenship. We have a genealogist on staff, and we work with several external partners who provide genealogical, notary, and apostille services. In addition to Article 78 proceedings (seeking a court order that authorizes you to get copies of vital records for deceased relatives), we also assist in amending records (that require a court order) and obtaining OATS (“one and the same”) court orders, or OATS affidavits where available. We have assisted people seeking citizenship in Italy, Ireland, Poland, and several eastern European countries.