Law No. 74 of May 23, 2025 (published in G.U. on 23/05/2025, No. 118) has converted, with modifications, Decree-Law No. 36 of March 28, 2025, containing urgent provisions on citizenship.
Italian citizenship is based on the principle of jus sanguinis (right of blood), whereby a child born to an Italian father or an Italian mother is a citizen. The new decree, as converted, does NOT modify this fundamental principle but introduces important limitations on the transmission of citizenship from one generation to the next, basing it on the actual bond with Italy and the possession of another citizenship.
Preliminarily, it is made clear that the legal regime does NOT change, and therefore, the criteria followed previously apply only to the following categories of people:
- persons born in Italian territory, even if they hold another citizenship;
- persons born anywhere, if they do not hold another citizenship.
CITIZENSHIP FOR THOSE BORN ABROAD
The new legal regime introduces a general limitation on the automatic transmission of citizenship status to those who:
- are born abroad, even before the law came into effect;
- and hold another citizenship.
In addition to these general limitations, five exceptions are provided under which even those born abroad and holding other nationality(ies) may be recognized as Italian citizens:
- the applicant’s Italian citizenship is recognized administratively upon submission of an application with the necessary documentation, submitted by 23:59 (Rome time) on March 27, 2025;
- the applicant’s Italian citizenship is recognized administratively upon submission of an application with the necessary documentation, submitted on the date indicated by an appointment communicated to the applicant by 23:59 (Rome time) on March 27, 2025;
- if the status of citizen has been judicially determined, following an application submitted by March 27, 2025;
- a parent (including an adoptive parent) or a grandparent exclusively held Italian citizenship – or had it at the time of their death;
- a parent or adopting citizen resided in Italy for at least two continuous years after acquiring Italian citizenship, before the birth or adoption of the child.
Citizenship procedures remain subject to a fee of 600 Euros per adult, payable at the Consulate upon the formal submission of the request.
ACQUISITION OF CITIZENSHIP BY FOREIGN OR STATELESS MINORS
In the course of converting Decree-Law No. 36/2025 into law, an exemption to the prohibitions in Article 3-bis of Law No. 91/1992 was introduced.
It is important to clarify that this only concerns cases of acquiring citizenship for “legal benefit” and not jus sanguinis.
In particular, Article 4, Paragraph 1-bis of Law No. 91/1992 provides that a foreign or stateless minor, whose father or mother are citizens by birth, becomes a citizen if the parents or guardian declare their intention to acquire citizenship and the declaration is submitted within one year from the minor’s birth or the subsequent date on which the filiation, including adoption, by an Italian citizen is established.
The regulation requires that the foreign or stateless minor be the child of a citizen by birth. Therefore, all cases of citizens recognized with a different status (e.g., naturalized through marriage, citizenship acquired by choice, citizenship under Law 379/2000) are excluded.
Finally, a transitional provision (Paragraph 1-ter of Article 1 of Decree-Law No. 36/2025) is provided with the following cumulative conditions:
- minors at the date of entry into force of the decree (those who had not yet turned 18 by May 24, 2025); and who are
- children of citizens by birth whose parents must be recognized based on an administrative or judicial application submitted by March 27, 2025, or based on an application submitted due to an appointment communicated by the Consulate by March 27, 2025.
In these cases, a declaration by the parents or guardian may be submitted to the Consular Office by May 31, 2026, subject to a contribution of 250 Euros to the Ministry of the Interior.
REACQUISITION OF CITIZENSHIP FOR FORMER CITIZENS
Article 1-ter provides that those born in Italy or who resided in Italy for at least two continuous years, and lost their citizenship due to specific provisions of Law No. 555 of 1912, may reacquire it by making a declaration between July 1, 2025, and December 31, 2027.
These reacquisition procedures will be subject to a contribution of 250 Euros, payable at the consular office upon formal submission of the request.
Further details regarding how to submit these declarations will be provided in the coming days.
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All updated information regarding these changes is available on this official website under the respective sections ITALIAN CITIZENSHIP and CIVIL STATUS.
