Particular attention is devoted by Law no. 91/92 to the acquisition of citizenship of a minor in the following cases:
- recognition or judicial declaration of filiation;
- adoption;
- naturalisation of a parent.
a) Citizenship by recognition or judicial declaration of filiation
A minor is recognised as an Italian citizen if he or she is acknowledged as the child of an Italian citizen by a judge, or if filiation is judicially established in relation to an Italian citizen (art. 2, paragraph 1 of Law no. 91/92).
b) Attribution of citizenship following adoption of a child under the age of 18
A foreign minor adopted by an Italian citizen acquires Italian citizenship through a ruling issued by the Italian Judicial Authority. In the case of an adoption abroad, citizenship is acquired following a ruling by the competent foreign authority which has been made effective in Italy through an order of transcription in the civil registers issued by the Juvenile Court.
If the adoptee is of legal age, he or she may acquire Italian citizenship by naturalisation after 5 years of legal residence in Italy following the adoption.
c) Attribution of citizenship to minors as a result of parental naturalisation
According to art. 14 of Law no. 91/92 “Minor children of those who acquire or reacquire Italian citizenship shall themselves acquire Italian citizenship, provided they are cohabiting with the parent. Upon reaching the age of majority, they may renounce citizenship, provided they hold another citizenship. This provision shall apply if, at the time of acquisition or reacquisition of citizenship by the parent, the minor has legally resided in Italy for at least two continuous years or, if under the age of two, since birth”.
Citizenship is acquired on condition of the cohabitation of the minor, under Italian law, provided that the minor has been legally residing in Italy at least two continuous years at the time of the parent’s acquisition or reacquisition of citizenship (or since birth if under two years of age). This requirement was introduced by Legislative Decree no. 36 of 28 March 2025, as converted by Law no. 74 of 23 May 2025.
Art. 12 of Presidential Decree no. 572/93 further specifies that cohabitation must be stable and effective, supported by appropriate documentation, and must also exist at the moment the parent acquires or reacquires Italian citizenship.