M.A1TER OF C— 

In VISA PETITION Proceedings 

A-11695615 

Decided by Board May 17 , 1961 

Legitimation—Michigan—Acknowledgment by natural father. 

(1) Child burn out or weaiock In Italy is not legitimated either under Italian 

or Michigan law by natural father's "Act of Acknowledgment" executed before Italian Vice Consul In Detroit, Michigan, and recorded in a public 

office in Italy. 

(2) Under N.11thlgau law, the rather may legitimate nis cmici at any time IV 

acknowledging paternity in a written instrument executed in the same manner as provided for deeds of real estate (before two witnesses) and by 

recording the instrument in the probate office of the county where the 

father has his legal residence. 

BEFORE THE BOARD 

DISCUSSION: This appeal comes forward from decision of the 

District Director, Detroit, Michigan, on March 23, 1961, denying 

a visa petition on the ground that the beneficiary, born out of wedlock in Italy on June 30, 1946, has not been legitimated by the 

petitioner and is ineligible for nonquota status pursuant to section 

101(a) (27) (A) of the Immigration and Nationality Act. In other 

words, since the beneficiary has not been legitimated, the petitioner 

cannot meet the requirements of section 101(b) (1) (C) of the Immigration and Nationality Act, that is, he cannot establish the required 

relationship of "parent" and "child" within the section of law last 

mentioned.' 

1Section 101(b) (1) (C) and section 101(b) (2) of the Immigration and Nationality Act read: 

(b) As used in titles I and II— 

(1) The term "child" means au unmarried person under twenty-one years 

of age who is-- 

• • • 

(C) a child legitimated under the law of the chil

• 

d's residence or domicile, 

or under the law or the rattlers residence or domicile, whether in or outside 

the -United States, If such legitimation takes place before the child reaches 

the age of eighteen years and the child Is in the legal custody of the legitimating parent or parents at the time of such legitimation. 

• • • 

(2) The terms "parent", 

▪ 

"father", or "mother" mean a parent, father, or 

mother only where the relationship exists by reason of any of the circumstances set forth In (1) above. 

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Petitioner, in his exceptions (Form I-290A), states that the mother 

of the beneficiary died November 26, 1960; that he acknowledged 

paternity of the beneficiary on June 30, 1952; and that he has 

supported said child since his birth on June 30, 1946, and desires 

to bring him to the United States for permanent residence. 

The brief record submitted contains very little evidence. It is 

composed of the petition filed March 3, 1961, and three principal 

docuinents. We do not know when petitioner came to the United 

States or whether he was in Italy in 1945, or subsequent thereto. 

He, a native of Italy, naturalized citizen of the United States (certificate No. 7653568, June 5, 1956), sets forth that the beneficiary 

was born in Italy on June 30, 1946, out of wedlock, and is presently 

residing in Italy. The translated documents attached to the petition are : an Act of Acknowledgment of natural son by petitioner 

on June 30, 1952, before the. Vice Consul of Italy in Detroit, Michigan; an amended birth certificate of the beneficiary from the Register 

of Civil Status at Zoppola, Udine, Italy, where the Act of Acknowledgment was recorded August 22, 1952; also, certificate showing the 

death of Z-0—, single, on November 26, 1960, at Zoppola, Italy. 

It appears that the original birth certificate of this beneficiary 

was recorded in the Office of Civil Status at Zoppola, Province of 

Udine, Italy, under the name Z—G--M—; mother, Z-0—; and 

fatehr, unknown. The Act of Acknowledgment shows that on June 

30, 1952, the petitioner appeared before the Vice Consul of Italy at 

Detroit, Michigan, the place of his domicile, accompanied by his 

spouse, and declared and acknowledged pursuant to all the effects 

of law that G—M— born to 0—, mother, and unknown father, is his 

natural son. The petitioner's spouse consented to the acknowledgment. The document was signed by the petitioner and his 

spouse, and it appears that the petitioner and his spouse may have 

acknowledged their signatures in the presence of the notary public 

in the office of the Vice Consul. 

It appears that thereafter, on August 22, 1952, the petitioner 

caused the document to be recorded at Zoppola, Province of Udine, 

Italy, in the Office of Civil Status, with the name of the beneficiary changed from Z—G—M— to C—G—M—, and the record was 

noted to show that he had acknowledged the child as the natural son of 

A C— (petitioner), domiciled in Detroit, Michigan. On February 16, 1961, a copy of birth certificate of C—G—M—, as amended, 

was issued from the Civil Status Register for use of migration and 

work. 

The issue to be resolved is whether the beneficiary herein, who 

was age 6 years at the time the petitioner executed the Act of Acknowledgment in Detroit, Michigan, on June 30, 1952, and is now 

age 14 years, was legitimated under the law of the child's residence 

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or domicile (Italy) ; or under the law of the father's residence or 

domicile (the State of Michigan). The burden is upon the petitioner. The District Director has considered the residence or domicile of the beneficiary only, and has made a negative finding. 

We will consider the domicile or residence of the child first. We 

find that the act of the petitioner in recognizing or acknowledging 

the beneficiary as his child does not constitute legitimation of the 

child under Italian law (Article 277, Italian Civil Code of 1942, 

and procedure), in all respects. The question has been adjudicated 

previously. We have held that recognition or acknowledgment of 

a child born out of wedlock in Italy, under Italian law and procedure, does not confer on the child the attributes of "legitimation" 

as that term is used in section 101(b) (1) (C) of the Immigration 

and Nationality Act (Matter of D—, 7-438 (B.I.A., 1957) ). Under 

Article 280, Italian Civil Code of 1948, a child born out of wedlock 

in Italy may be legitimated by the marriage of the natural parents 

to each other, or by royal or presidential decree (Matter of D—M—, 

7--441 (B.I.A., 1957)). There is no evidence before us of intermarriage of the parents or of royal or presidential decree. 

This petitioner may have intended to legitimate his son in the 

jurisdiction of his residence or domicile. The District Director has 

made no finding in this regard. The statutory procedure in Michigan is set forth in section 27.3178(153), Vol. 23, Michigan Statutes 

Annotated (Public Acts 1941, No. 347, as amended by Public Acts 

of 1951, No. 7, 1959 Cumulative Supplement), as follows: 

LEGITIMATION BY ACKNOWLEDGMENT. When after the birth of an 

illegitimate child, his parents shall intermarry, or without such marriage, if 

the father and mother shall, by writing under their hands, acknowledge such 

child as the child of the man, such child shall be considered legitimate for all 

intents and purposes: Provided, That it shall not be necessary for the mother 

of such child to join in such acknowledgment in case she is disqualified to 

act by reason of insanity, mental incapacity, death, or If for any other reason satisfactory to the probate judge of such county, it is not practical for 

her to join in such acknowledgment. The failure of the mother of such child 

to join in any acknowledgment filed in accordance with the provisions of this 

section shall not invalidate or otherwise affect the same: Provided further, 

That such acknowledgment shall be executed and acknowledged in the same 

manner as may he by law provided for the execution and acknowledgment of 

deeds of real estate, and be recorded In the office of the judge of probate of 

the county in which such father or mother of such child is at the time 

resident: Provided further, That if such acknowledgment is erroneously filed 

in any other public office, the filing of a certified copy of such acknowledgment 

In accordance with the provisions of this section, at any time, shall be deemed 

a compliance with the requirements hereof. 

Apparently the statute just quoted does not specify an age limit 

within which a father may acknowledge the paternity of (or legitimate) his child. The statute does provide that when paternity of 

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an illegitimate child has been acknowledged by written instrument, 

the statute becomes operative only upon performance of two conditions precedent, (1) execution of acknowledgment of instrument in 

the same manner as provided for deeds of real estate (before two 

witnesses), and (2) recording. It has been held that where the 

signature of a decedent father was not witnessed by two persons, by 

their signatures, in the form required for deeds for real estate, 

the statute was inoperative to give right of inheritance, and for 

other purposes (Chasson v. Estate of Stewart, 319 Mich. 204; 29 

N.W.2d 282 (1947) (Supreme Court, Michigan)). The statute above 

quoted, when fully complied with, has been construed so that, in 

effect, an acknowledgment makes the county which is the legal residence of the father (petitioner) the legal residence of the legitimized child, and quell acknowledgment and its effect, with respect 

to legal residence, relates back to date of birth of such child 

(Op. Atty. Gen., 1941-1942, p. 456, No. 22165 (Mich.)). In other 

words, it is a legitimation statute for all intents and purposes. 

The petitioner, unfortunately, has not complied fully with the 

statutory law and procedure of Michigan, the place of his domicile, 

in acknowledging the paternity of his son. Consequently, the statute 

is inoperative to effect legitimation of the child. The omissions 

in the copy of translated acknowledgment before us fail to show 

that the signature thereon was witnessed by two persons and acknowledged the same as a deed for real estate. Nor does the copy 

show that it was recorded in Wayne County, Michigan, although it 

has been recorded in a public office in Italy. If the instrument were , 

properly executed it could be recorded "at any time" in Michigan. 

The natural mother did not join the petitioner, apparently because 

it was impracticable to do so. She is now deceased. 

It is conceded that petitioner is a United States citizen and that 

he is domiciled in Micbiga.n_ The beneficiary is only 14 years of 

age and his mother is deceased. We believe the petitioner, with 

assistance from the Service, should support his petition with an 

acknowledgment of paternity duly executed and properly recorded 

under the procedure and law of Michigan, forthwith; and that he 

should furnish evidence showing support and custody of the beneficiary. Undoubtedly, there should be some facts submitted by the 

Service or the petitioner to show that he was in Italy at the time 

of, or immediately prior to, the birth of the beneficiary. On the 

present record, the appeal will be dismissed without prejudice to 

reconsideration, should the petitioner submit evidence to support 

his petition. 

ORDER: It is ordered that the appeal in this case be dismissed 

without prejudice to reconsideration should the visa petition be 

supported by substantial evidence as indicated in the foregoing. 

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