Italy is the Best Country for a LGBTQ+ Couple
Italy is renowned as a romantic destination for weddings, and with the legal recognition of civil unions for same-sex couples, it has become an even more attractive choice for LGBTQ+ couples.
Thanks to Law 76/2016 (civil unions in 2016), Italy now legally recognizes civil unions between same-sex couples, offering them the same legal rights as heterosexual marriages. If you’re considering a same-sex wedding in Italy, here’s why it should be at the top of your list.
The Role of the Nulla Osta in Same-Sex Civil Unions
To marry in Italy, same-sex couples must first obtain a nulla osta (certificate of no impediment) from their home country’s consulate in Italy.
This certificate confirms that, according to the laws of your country of origin, there are no legal barriers to your marriage or civil union.
For many, this process is straightforward.
However, some countries do not recognize same-sex unions due to cultural, political, or legal reasons. In these cases, Italy’s legal recognition of same-sex civil unions and its court rulings in favor of LGBTQ+ rights become particularly important.
Italy’s Legal Turning Point for Same-Sex Civil Unions
A key moment for same-sex couples seeking civil unions in Italy came with the Consiglio di Stato (Council of State) Opinion No. 1352, dated 21/07/2016, alongside the Ministry of the Interior (Ministero dell’Interno) “Circolare” N. 15/2016 and Article 32-ter of “Legge 218/1995“.
These regulations clarified that foreign laws prohibiting same-sex civil unions should not be considered when issuing the nulla osta for marriage or civil unions in Italy.
This means that even if your home country does not legally recognize same-sex unions, Italian law prevails.
Italy has consistently supported same-sex marriage, ensuring that LGBTQ+ couples are not discriminated against based on their sexual orientation or gender identity.
What Happens if Your Consulate Denies the Nulla Osta?
If your consulate in Italy refuses to issue the nulla osta due to your home country’s non-recognition of same-sex unions, you can still proceed with your civil union.
In this case, the nulla osta is replaced by a certificate of free status issued by the authorities in your country of origin.
This document, of course, must be translated and legalized in accordance with the applicable international convention.
However, if you are unable to return to your home country, you can also submit a self-declaration under Presidential Decree 445/2000 (atto di notorietà).
This simple self-declaration, made before a town hall official or in a Court in Italy, affirms that the applicants declare that there are no legal impediments to their civil union.
This makes Italy one of the most accessible and inclusive countries for same-sex couples looking to marry or enter into a civil union, even if their home country does not legally recognize such unions.
Why Italy is the Ideal Destination for Your Same-Sex Marriage
Italy offers a simple and transparent process that is both welcoming and inclusive.
Even if you are unable to obtain a document confirming your single status from your home country, you can still proceed with your civil union by relying on Presidential Decree 445/2000, which permits you to declare the absence of impediments without the need to present official documentation.
With its legal recognition of same-sex unions, its court rulings affirming LGBTQ+ rights, and minimal bureaucratic hurdles, Italy is the ideal destination for same-sex couples seeking to celebrate their love legally and officially. It’s a place where you can enter into a civil union without fear of rejection, making your dream wedding in Italy a reality.
We will be your Legal Advisors in Italy
Due to our experience in law firms and the foreign offices of the Italian public administration, we gained significant expertise in Consular affairs, and we are trained to solve the most complicated procedure such as:
- Marriage Nulla osta process, legalization procedure, Court hearings for the refusal of the town hall when there documents missing , legal translation, apostille procedure, emergency procedure for legalization.
- Immigration law services and consular support for non-EU citizens applying for a Schengen visa.
- Family reunification and family cohesion.
- Same-sex couples that want to celebrate a civil union in Italy when in their country the union is forbidden.
- Couples that come from countries where divorce is not allowed;
Italians living abroadregistered at A.I.R.E. that need to recover their document to start the marriage banns in the Italian Consulate. - Assistance with people that come from countries that do not release the nulla osta.
- Americanand Australiancouples who needs assistance with “atto notorio” in an Italian Court or the Italian Consulate in the USA or Australia.
- People with refugee status who have requested asylum in Italy.
For all other matters, please visit our FAQ section.
