Act No. 91 of 5 February 1992 (Italy)
Article 1
1. The following shall be citizens by birth:a) any person whose father or mother are citizens;b) any person who was born in the territory of the Republic, if both parents are unknown orstateless, or if the child does not acquire the citizenship of the parents according to the law of theState to which the parents belong;
2. any person of unknown parents who is found abandoned in the territory of the Republic, unlesspossession of another citizenship is proved.
Article 2
1. Recognition or judicial statement of filiation of a minor shall determine the citizenship of thechild in accordance with the provisions of this statute.
2. If the person whose filiation is recognised or declared is an adult, he or she shall retain his or her
citizenship status, but may declare that he or she chooses the citizenship determined by filiation,
within one year of such recognition or declaration, or of the declaration that a foreign decision has
effect.
3. The provisions of this article shall also apply to any person whose paternity or maternity cannot
be declared, provided that their right to maintenance or alimony has been judicially recognised.
Article 3
1. An alien minor adopted by an Italian citizen shall acquire citizenship.
2. Paragraph 1 shall also apply to persons adopted before this statute came into force
3. When the adoption is revoked by reason of an act committed by the adopted, he or she shall lose
Italian citizenship, provided that he or she possesses or has re-acquired another citizenship.
4. In all other instances of revocation, the adopted retains Italian citizenship. However, if the
adoption is revoked when the person is an adult, he or she may renounce Italian citizenship within
one year of such revocation, provided that he or she possesses or has re-acquired anothercitizenship.
Article 4
1. An alien or stateless person, whose father or mother, or direct ancestors in the second degree
were citizens by birth, shall become a citizen:a) if he or she serves in the Italian Army and preventively declares his or her intention to acquire
Italian citizenship;b) if he or she becomes a civil servant employed by the Italian State, even abroad, and declares hisor her intention to acquire Italian citizenship;c) if, at the age of majority, he or she has had legal residence for at least two years in the territory of
the Republic, and declares within one year his or her intention to acquire Italian citizenship.
2. An alien born in Italy, who have been legally resident therein uninterruptedly until reaching theage of majority, becomes citizen if he or she declares the intention to acquire Italian citizenshipwithin one year of reaching the age of majority.
Article 5
1. The alien or stateless spouse of an Italian citizen may acquire Italian citizenship if, after themarriage, he or she has been legally resident for at least two years in the territory of the Republic, orafter three years from the marriage if he or she has been residing abroad, where, upon the adoptionof the decree referred to in Article 7 paragraph 1, the marriage has not been dissolved or annulled or
has not ceased to have civil effects and there is no legal separation.
2. The time limits referred to in paragraph 1 shall be reduced by half where the spouses have naturalor adopted children.
(Article amended by Article 1 paragraph 11 of the Act 15 July 2009 n. 94).
Article 6
1. Acquisition of citizenship pursuant to art.5 is precluded by:a) conviction for one of the offences provided for in Volume II, Title I, Chapters I, II and III of the
Criminal Code;1b) conviction for an offence committed with criminal intent for which the law prescribes a statutory
penalty of a maximum of at least three years imprisonment; or conviction for a non-political offence
to imprisonment longer than one year inflicted by a foreign court, if the foreign sentence has beenrecognised in Italy;c) the existence, in the case concerned, of substantiated reasons relating to the Republic’s national
security.
2. Recognition of the foreign sentence shall be requested by the public prosecutor of the district of
the Registry Office in which the marriage is registered or recorded, including cases referred to inparagraph 1, subparagraph (b).
3. Rehabilitation shall terminate the preclusive effects of the conviction.
4. Acquisition of citizenship shall be suspended until the communication of the final judgment, if
penal actions have been brought for one of the offences referred to in paragraph 1, subparagraph (a)and subparagraph (b). It shall also be suspended during the procedure for the recognition of theforeign sentence referred to in paragraph 1 subparagraph (b), second part.
Article 7

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The offences referred to in this sub-paragraph are offences against the State and against the citizen’s political rights.

1. (The paragraph was repealed by Article 8 D.P.R. 18 April 1994, n. 362).
2. The provisions of Article 3 of Act n. 13 of 12 January 1991 shall apply.
Article 8
1. By justified decree, the Minister for the Interior may reject the application referred to in Article 7
where any of the grounds provided for in Article 6 exist. Where substantiated concerns for theRepublic’s national security exist, the decree shall be issued following a favourable opinion of theCouncil of State. If rejected, the application may be submitted again five years after the decree has
been issued.
2. (The paragraph was repealed by Act n. 113 of 4 October 2018, converted with modifications by
Act n. 132 of 1 December 2018) A decree rejecting the application may not be issued where aperiod of two years has elapsed since the application, accompanied by the required documents, wasmade.
Article 9
1. Italian citizenship may be granted by decree of the President of the Republic, upon a proposal by
the Minister of the Interior, after consulting the Council of State:a) to aliens, whose father or mother or one of the direct ancestors in the second degree were citizens
by birth, or aliens who were born in the territory of the Republic and, in both cases, have beenlegally resident therein for at least three years, subject to the provisions of Article 4, paragraph 1,
subparagraph (c);b) to aliens adopted by an Italian citizen, who at the age of majority have been legally resident in
the territory of the Republic for at least five years after the adoption;c) to aliens who have worked as civil servants employed by the State, even abroad, for at least five
years;d) to citizens of a Member State of the European Community who have been legally resident in the
territory of the Republic for at least four years;e) to stateless persons who have been legally resident in the territory of the Republic for at least five
years;f) to aliens who have been legally resident in the territory of the Republic for at least ten years
2. The President of the Republic, after consulting the Council of State and following a decision by
the Council of Ministers, upon a proposal of the Minister of the Interior with the agreement of the
Ministry of Foreign Affairs, may granted citizenship by decree to an alien who rendered an
distinguished services to Italy, or where an exceptional interest of the State exists.
Article 9.1
1. The granting of Italian citizenship pursuant to Articles 5 and 9 is subject to the possession, by theinterested party, of an adequate knowledge of the Italian language, not lower than level B1 of theCommon European Framework of Reference for Languages (CEFR). To this end, the applicantswho have not signed the integration agreement referred to in Article 4-bis of the Legislative Decree
25 July 1998, n. 286 (consolidated), or who do not hold an EU long-term residence permit pursuant
to Article 9 of said Legislative Decree, shall certify the possession of educational qualifications
granted by a public or private school recognized by the Ministry of Education, University andResearch and the Ministry of Foreign Affairs and International Cooperation; or they shall provide
adequate language knowledge certification issued by a recognized agency by the Ministry of
Education, University and Research and by the Ministry of Foreign Affairs and International
Cooperation.
Article 9-bis
1. Applicants shall attach the relevant certificates proving that they are in possession of all therequirements for the purposes of the choice, acquisition, re-acquisition, renunciation or granting of
citizenship.
2. Any application or declaration relating to the choice, acquisition, re-acquisition, renunciation or
granting of citizenship shall be subject to the payment of a fee amounting to €250.
3. The revenues deriving from the fee referred to in paragraph 2 shall be paid into the State budget
to be re-allocated to the budget (stato di previsione) of the Ministry of the Interior. The latter shall
utilise half of it to support projects of the Department for civil rights and immigration aimed atinternational cooperation and support to third countries on migration-related issues also throughparticipation to programmes funded by the European Union; the other half shall be used to cover
the expenses for the procedural activities performed by said Department on matter of immigration,asylum and citizenship.
(Article introduced by Article 1 paragraph 12 Act 15 July 2009 n. 94)
Article 9-ter
1. The deadline for defining the proceedings pursuant to articles 5 and 9 is forty-eight months fromthe date of submission of the application.
(Act n. 113 of 4 October 2018, converted with modifications by Act n. 132 of 1 December 2018
introduced Art. 9.1., 9-bis (2), and 9-ter).
Article 10
1. A decree awarding citizenship shall only have effect where the person concerned has taken anoath of allegiance to the Republic and respect for the Constitution and the laws of the State within
six months of the decree being served.
(See also D.M. 27 February 2001. The Constitutional Court, with sentence 8 November - 7
December 2017, n. 258 (in Official Gazette 1st session 13/12/2017, n. 50), declared "theconstitutional illegitimacy of Art. 10 of Act no. 91 5 February 1992, in the part where it does notexonerate a person unable to meet the oath requirement due to a serious and ascertained disability.)
Article 10-bis
1. Italian citizenship acquired pursuant to articles 4, paragraphs 2, 5 and 9, is revoked in the eventof a final conviction for the offences referred to in Article 407, paragraph 2, letter a), no. 4), of theCode of Criminal Procedure, as well as for the offences referred to in articles 270-ter and 270quinquies.2, of the Penal Code. The President of the Republic, upon proposal of the Minister of theInterior, adopts the revocation of citizenship by decree within three years of the final judgment of
the sentence for the offences referred to in the first part.)(Act n. 113 of 4 October 2018, converted with modifications by Act n. 132 of 1 December 2018
introduced Art. 10-bis).
Article 11
1. A citizen who already has, or has acquired or re-acquired a foreign citizenship shall retain Italian
citizenship, but may renounce the latter where he or she resides or establishes residence abroad.
Article 12
1. An Italian citizen shall lose his or her citizenship if, having accepted public employment or
public office from a State or foreign public body or from an international organisation of which
Italy is not a member, or while performing military service for a foreign State, he or she fails tocomply, within the specified period, with any request by the Italian Government to renounce theemployment, office or military service.
2. An Italian citizen who, during a war with a foreign State, has accepted or not renounced a public
employment or public office, or has performed military service for such State without being obliged
to do so, or has voluntarily acquired the citizenship of such State, shall lose Italian citizenship upon
the cessation of war.
Article 13
1. Any person who has lost Italian citizenship shall re-acquire it:a) if he or she performs military service for the Italian State and previously declared his or her
intention to re-acquire it;b) if, having taken up or while taking up employment as a civil servant for the Italian State, evenabroad, declares his or her intention to re-acquire it;c) where he or she declares his or her intention to re-acquire it and establishes or has establishedresidence in the territory of the Republic within one year of such declaration;d) one year after establishing residence in the territory of the Republic, unless he or she has
expressly renounced citizenship within the same time limit;e) if, having lost citizenship due to lack of compliance with an order to renounce the employment oroffice accepted from a foreign State, a foreign public body or an international organisation, or the
military service for a foreign State, declares his or her intention to re-acquire citizenship, provided
that he or she has established residency in the territory of the Republic for at least two years andproves that he or she has renounced the employment or office taken up or military service
performed, notwithstanding the order referred to in Article 12 paragraph 1.
2. Citizenship may not be re-acquired by a person who lost it under the provisions of Article 3
paragraph 3 or Article 12 paragraph 2.

3. In the cases referred to in paragraph 1, sub-paragraph c, d and e, the re-acquisition of citizenshipshall not take effect where it has been prohibited by a decree of the Ministry of the Interior, onserious and substantiated grounds and following an opinion of the Council of State. Suchprohibition may take place within one year of the occurrence of the prescribed conditions.
Article 14
1. Minor children of a person who acquires or re-acquires Italian citizenship shall acquire suchcitizenship if they live with that person, but may renounce it after reaching the age of majority,
provided that they have the citizenship of another country.
Article 15
1. The acquisition or re-acquisition of citizenship shall take effect, save where provided for by
Article 13, paragraph 3, on the day following that on which the required conditions and formalities
have been complied with.
Article 16
1. Any stateless person who is legally resident in the territory of the Republic shall be subject toItalian law insofar as the exercise of civil rights and the performance of military duties areconcerned.
2. Any alien who has been recognised as a refugee by the Italian State in accordance with theprovisions of domestic law or international conventions shall be made equal to the stateless person
for the purposes of the present Act, save insofar as military duties are concerned.
Article 17
1. Any person who has lost Italian citizenship under the provisions of Articles 8 and 12 of the Act
12 June 1912 n. 555, or for not having made the choice provided for by Article 5 of the Act 21
April 1983 n. 123, may re-acquire it by making a declaration to that effect within two years of theentry into force of the present Act.
(This time limit was postponed by Article 1 of the Act 22 December 1994, n. 736 and thereinafter
up until 31 December 1997 by Article 2, paragraph 195 of the Act 23 December 1996, n. 662)
2. The provisions of Article 219 of the Act 19 May 1975, n. 151 shall continue to apply.
Article 17-bis
1. The right to Italian citizenship shall be recognised:a) to any person who was an Italian citizen and already resided within the portion of the territory
belonging to the Italian State that was later ceded to the Yugoslav Republic either under the Peace
Treaty signed in Paris on 10 February 1947, made enforceable by the temporary Head of State’s
legislative decree 28 November 1947, n. 1430, ratified by the Act 25 November 1952, n. 3054, orby virtue of the Treaty of Osimo of 10 November 1975, made enforceable by the Act 14 March
1977, n. 73, in line with the conditions prescribed and the requirements to exercise the right ofoption provided for by Article 19 of the Peace Treaty signed in Paris as well as by Article 3 of theTreaty of Osimo.

b) to any person of Italian language and culture and who is the child or direct descendant of any
individual who satisfies the requirements provided for by sub-paragraph a).
(Article inserted by Article 1 Act 8 March 2006, n. 124)
Article 17-ter
1. The right to have Italian citizenship recognised, as provided for by Article 17-bis, shall be
exercised by the person concerned by filing an application to the local authority that has territorial
competence on the basis of the residence of the applicant, or, where the requirements have beenmet, to the consular authority, after producing the relevant documents, in accordance with what isprovided for by a circular letter of the Ministry of the Interior, issued in agreement with the
Ministry of Foreign Affairs.
2. In order to confirm that the requirements referred to by Article 17-bis paragraph 1 sub-paragrapha) exist, a certificate shall be attached to the application, proving both Italian citizenship andresidency in the portion of territory that belonged to the Italian State at that time and was thereafter
ceded to the Yugoslav Republic under the Treaties referred to by Article 17-bis paragraph 1.
3. In order to confirm that the requirements referred to by Article 17-bis paragraph 1 sub-paragraphb) exist, the following documents shall be attached to the application:a) a birth certificate confirming the line of descent between the applicant and the parent or ancestor;b) as required by Article 17-bis paragraph 1 sub-paragraph a for the purposes of exercising the rightof option provided for, a certificate confirming the Italian citizenship of the applicant’s parent or
direct ancestor, as well as their residence within the portion of territory that belonged to the ItalianState and was thereafter ceded to the Yugoslav Republic under the Treaties referred to by Article
17-bis paragraph 1;c) the relevant documents proving knowledge of Italian language and culture by the applicant.
(Article inserted by Article 1 of the Act 8 March 2006, n. 124)
Article 18(Article repealed by Article 1 of the Act 14 December 2000, n. 379)
Article 19
1. The present Act shall not affect the provisions of the Act 9 January 1956, n. 27 on the recording
in the civil register of decisions recognising options for Italian citizenship, made in accordance with
Article 19 of the Treaty of Peace between the Allied and Associated Powers and Italy, signed in
Paris on 10 February 1947.
Article 20
1. Except where otherwise expressly provided, the citizenship status acquired prior to the present
Act shall only be modified by events subsequent to the entry into force of the Act.
Article 21

1. For the purposes of and in accordance with the provisions of Article 9, Italian citizenship may be
granted to any alien adopted (‘affiliato’)2 by an Italian citizen prior to the entry into force of the Act
4 May 1983, n. 184 and who has resided legally in the territory of the Republic for at least sevenyears following the adoption.
Article 22
1. Military service obligations shall cease for any person who, on the date of the entry into force ofthe present Act, has already lost Italian citizenship under Article 8 of the Act 13 June 1912, n. 555.
Article 23
1. Declarations for the purposes of acquiring, retaining, re-acquiring and renouncing citizenship, as
well as the oath, as provided for by the present Act, shall be made or taken before the civil registrarof the local authority in the area where the applicant resides or intends to establish residence, or,where he or she resides abroad, before the diplomatic or consular authority of the place ofresidence.
2. Any declaration referred to in paragraph 1, as well as any document or decision relating to theloss, retention and re-acquisition of Italian citizenship shall be recorded in the citizenship registers
and an annotation shall be made in the margin of the birth certificate.
Article 24(Article repealed by Article 110 D.P.R. 3 November 2000, n. 396, with effect from 30 March 2001)
Article 25
1. The necessary provisions for the implementation of the present Act shall be promulgated within
one year of its entry into force by a decree of the President of the Republic, having heard theCouncil of State and following a decision of the Council of Ministers, upon a proposal by the
Minister of Foreign Affairs and the Minister of the Interior, in consultation with the Minister ofJustice.
(See D.M. 22 May 1992; Act 26 July 1993, n. 306; D.P.R. 12 October 1993, n. 572)
Article 26
1. Act 13 June 1912 n. 555, Act 31 January 1926, n. 108, Royal decree 1 December 1934, n. 1997,
converted into Act 4 April 1935, n. 517, Article 143-ter of the Civil Code, Act 21 April 1983, n.
123, Article 39 of the Act 4 May 1983, n. 184, Act 15 may 1986, n. 180, as well as any otherprovision in contrast with the present Act shall hereby be repealed.
2. The obligation to exercise an option as provided for by Article 5, paragraph 2, of the Act 21 April
1983, n. 123, as well as by Article 1, paragraph 1, of the Act 15 May 1986, n. 180, shall hereby berepealed.

2‘Affiliazione’ was abolished by Article 77 of the Act 4 May 1983 n. 184. It was a special form of adoption concerninginter alia minors abandoned or whose parents were unknown. See e.g. C. Cost. 9 April 1970 n. 57.

3. Any provision of international agreements in contrast with the present Act shall not be affected.
Article 27
1. The present Act shall enter into force six months after its publication in the Official Journal(Gazzetta Ufficiale).

Note on translation:
First translation by:
Massimo Fichera
Post-doctoral Researcher
Centre of Excellence in Foundations of European Law and Polity University of Helsinki
Updates and amendments, translated by:
Guido Tintori
Globalcit Country Expert

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