In the first case (paragraph 1-bis of Article 4 of Law No. 91/1992), the following conditions must be met jointly:
- One of the parents is a citizen by birth. Therefore, this excludes cases of citizens by naturalization pursuant to Article 9 of Law No. 91/1992 or “by benefit of the law” pursuant to Article 4 of Law No. 91/1992, or by marriage pursuant to Article 5 of Law No. 91/1992 or Article 10 of Law No. 555/1912, or by reacquisition pursuant to Articles 13 or 17 of Law No. 91/1992, or by iuris communicatione (Article 14 of Law No. 91/1992).
- Both parents (including the foreign parent) or the guardian submit a declaration of intent for the acquisition of Italian citizenship within three years of the child’s birth (or from the subsequent date on which parental affiliation from an Italian citizen is established or on which adoption by an Italian citizen is decided while the child is not of legal age). If parental affiliation is subsequently recognized by both parents who are Italian citizens by birth, the one-year period will begin from the first recognition (because the first recognition already entails the transmission of citizenship). If, however, recognition occurs first by a foreign parent (or an Italian citizen who has acquired citizenship not by birth but through another title), the one-year period will be calculated from the recognition by the second parent who is a citizen by birth.
The declaration of intent to acquire Italian citizenship on behalf of the minor child must be formal and made in person, in the presence of an employee authorized to exercise civil status functions. If the parents do not submit the declaration at the same time, the legal requirement is considered satisfied on the date the declaration by the second parent is submitted. If the parentage (including adoptive parenting) is established with respect to only one person (or if the other parent is deceased), the declaration of just one parent will be sufficient.
If the minor establishes legal residence in Italy, the declaration may be submitted even after three years from birth, but residency must continue for at least two consecutive years after the parents’ declaration of intent to acquire Italian citizenship.
Please note:
- in cases governed by Article 4, paragraph 1-bis of Law 91/1992, letter a
THE PROCEDURE IS CARRIED OUT DIRECTLY IN ITALY
- in cases governed by Article 4, paragraph 1-bis of Law 91/1992, letter b
CONTACT THE CIVIL REGISTRY OFFICE AT (stcivile.washington@esteri.it)