Italian Citizenship: New Limits for Foreign-Born Minors

May 16, 2025
Decree-Law No. 36/2025 revises automatic citizenship acquisition rules, imposing stricter conditions for minors born abroad

Decree-Law No. 36/2025 revises automatic Italian citizenship acquisition rules, imposing stricter conditions for minors born abroad

With the entry into force of Decree-Law No. 36 of 28 March 2025, significant amendments have been introduced to Law No. 91/1992 on Italian citizenship. The decree adds a new provision, Article 3-bis, which imposes a substantial limitation on the previously established principle whereby minor children residing with a parent who acquires Italian citizenship automatically obtain the same status.

Pursuant to the new article, automatic acquisition of Italian citizenship is no longer granted to minors born abroad who already hold another nationality, unless at least one of the following conditions is met:

  1. The Italian parent (or adoptive parent) was born in Italy;
  2. The Italian parent resided in Italy for at least two consecutive years prior to the child’s birth or adoption;
  3. A grandparent (maternal or paternal) was born in Italy.

In case one of these conditions do not occur, a minor child born abroad will not acquire Italian citizenship automatically, even if the minor resides with the parent who has acquired or reacquired Italian citizenship.

The provision applies to all forms of citizenship acquisition by the parent, including naturalization (pursuant to Article 4, paragraph 2), reacquisition under Article 13, and any other forms provided for by law.

While the decree is currently in force, its final confirmation remains subject to parliamentary conversion into law, expected by the end of May 2025. Only upon conversion will the amendments introduced by Article 3-bis attain full legal effect.


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This article was written by Giuditta De Ricco and Irene Lauretta

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