Citizenship and Adoption

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THIS PAGE IS UNDERGOING UPDATES

Decree-Law No. 36 of March 28, 2025, was converted, with amendments, into Law No. 74 of May 23, 2025, which has been in force since May 24, 2025.

The conversion law reforms Law No. 91 of February 5, 1992, whose updated full text is available at the following link

Particular attention is drawn to the new Article 3-bis:

By way of derogation from Articles 1, 2, 3, 14, and 20 of this law, Article 5 of Law No. 123 of April 21, 1983, Articles 1, 2, 7, 10, 12, and 19 of Law No. 555 of June 13, 1912, as well as Articles 4, 5, 7, 8, and 9 of the Civil Code approved by Royal Decree No. 2358 of June 25, 1865, those born abroad, even before the entry into force of this Article, and holding another citizenship are considered as never having acquired Italian citizenship, unless one of the following conditions applies:

a) The applicant’s status as an Italian citizen is recognized, in accordance with the legislation applicable as of March 27, 2025, following the submission of an application, with the required documentation, to the competent consular office or mayor no later than 11:59 PM (Rome time) on that same date;

a-bis) The applicant’s status as an Italian citizen is recognized, in accordance with the legislation applicable as of March 27, 2025, following the submission of an application, with the required documentation, to the competent consular office or mayor on the date of an appointment that was scheduled and communicated to the applicant by the competent office by 11:59 PM (Rome time) on March 27, 2025;

b) The applicant’s status as an Italian citizen is judicially ascertained, in accordance with the legislation applicable as of March 27, 2025, following the filing of a judicial application no later than 11:59 PM (Rome time) on that same date;

c) A first or second-degree ancestor possesses or possessed, at the time of death, exclusively Italian citizenship;

d) A parent or adoptive parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the birth or adoption of the child.

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Therefore, under the new Law No. 91 of 1992, Italian citizenship jure sanguinis (by right of blood, from birth) is recognized for:

• The applicant born in Italy at any time;
• The applicant who holds exclusively Italian citizenship, meaning they do not have, nor can they obtain, any other citizenship;
• The applicant who falls under one of the cases listed in letters a), a-bis), b), c), and d) of Article 3-bis.⸻

Key points under the new law:

1. Only applications submitted before 11:59 PM (Italian time) on March 27, 2025, with the required documentation, will follow the previous legislation.

“Submitted” means:

• Delivered in person to the Consular Office before the above deadline;
  • Sent by postal mail with a tracking number proving the date and time prior to the above deadline;
  • Sent by postal mail without tracking, but received by the Consular Office before the deadline;
  • Submitted via the Prenot@mi platform before the deadline.

2. Only applications submitted to the Consular Office on the day of an appointment that was scheduled and communicated to the applicant by the competent office by 11:59 PM (Rome time) on March 27, 2025, will follow the previous legislation.

“Appointment communicated to the applicant by the competent office” means a confirmation email received from the Prenot@mi portal or from the institutional email address of the relevant section of the Consular Office.

3. In all other cases, the new legislation applies.

The applicable consular fees are available on this page

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Required Documentation, in addition to the Consular application form:

1. As provided by Circular K.28.1 of April 8, 1991, of the Ministry of the Interior:
   1. Extract of the birth certificate of the Italian ancestor who emigrated abroad, issued by the Italian municipality where they were born;
   2. Birth certificates, with legalized Italian translation, of all direct descendants, including that of the person claiming Italian citizenship;
   3. Marriage certificate of the Italian ancestor who emigrated abroad, with legalized Italian translation if the marriage took place abroad;
   4. Marriage certificates of all direct descendants, including that of the parents of the person claiming Italian citizenship;
   5. Certificate issued by the competent authorities of the foreign country of emigration, with legalized Italian translation, certifying that the Italian ancestor who emigrated from Italy did not acquire the citizenship of the foreign country before the birth of the applicant’s ancestor;
   6. Certificate issued by the appropriate Italian Consulate or Embassy certifying that neither the direct ancestors nor the applicant ever renounced Italian citizenship under Article 7 of Law No. 555 of June 13, 1912;
   7. Proof of residence in the Consular jurisdiction.

2. For applications under the new legislation, the following additional documents are required:
   1. To prove exclusive possession of Italian citizenship (for example):
      1. Negative citizenship certificates;
      2. Citizenship renunciation certificates;
      3. Certificates of non-registration in foreign electoral rolls
   2. To prove continuous residence in Italy for at least two years:
      1. Historical certificate of residence from the appropriate municipality in Italy.