Election of Italian citizenship
When the parentage of an Italian citizen is established after the child has come of age, citizenship does not follow by itself. Article 2, paragraph 2, of Law 91/1992 leaves the adult child with the citizenship held until then and opens a choice: a declaration, within one year, electing the Italian citizenship which the parentage would have given. The Ministry of Foreign Affairs calls this election of citizenship.
When it applies
Three events open the one-year term: the recognition of the child by the Italian parent, a court judgment declaring the parentage, or, where the recognition or the judgment comes from a foreign authority, the Italian decision which declares the foreign measure effective. The declaration is made before the civil status officer, at the comune of residence in Italy or at the consulate abroad. After the year has passed the right is lost, and the adult child is left with the ordinary routes, in particular naturalisation by residence, which article 9 opens to the child of an Italian citizen by birth after two years of legal residence in Italy.
The term runs from the recognition, not from the discovery of it. A person who learns years later that an Italian parent acknowledged them at the time of the birth is not in this situation: the recognition was made during minority, and citizenship followed by descent under the rules in force at the time. That case is examined as recognition by descent.
The 2025 conditions
Article 3-bis derogates from the whole of article 2. A person born abroad who holds another citizenship and elects Italian citizenship after a late recognition acquires it only if one of the conditions of article 3-bis is met: the Italian parent, or a grandparent, held exclusively Italian citizenship at the birth of the person, or the parent lived in Italy for two continuous years after acquiring Italian citizenship and before the birth. The Ministry’s page says so expressly: the assessment introduced by decree-law 36/2025 applies to these declarations as it applies to recognition by descent.
A British woman of forty whose father, born in Bari and never naturalised in the United Kingdom, recognises her by a deed of acknowledgment in 2026. The father held exclusively Italian citizenship when she was born, and still does, so the condition is met. She has one year from the deed to elect Italian citizenship at the consulate of her district. Had the father become British in 1980, before her birth, the election would have no effect under article 3-bis, and the route open to her would be two years of legal residence in Italy followed by an application for naturalisation.
Documents
Article 3 of the implementing regulation, Presidential Decree 572/1993, lists what the declaration must be accompanied by. The consulate adds the proof required by article 3-bis.
- The birth certificate of the person making the declaration, in long form, with apostille and official translation where it is British.
- The deed of recognition, or an authenticated copy of the judgment declaring the parentage, or the Italian decision which gives effect to a foreign measure. A declaration of parentage made by a British court is legalised, translated and submitted for recognition in Italy under Law 218/1995 before it can support the election.
- A certificate of the Italian citizenship of the parent, issued by the comune, or the consular recognition of the parent’s citizenship.
- Proof of the condition relied on under article 3-bis: a letter from the Home Office confirming that the parent had not naturalised at the time of the birth, or the historical certificate of residence in Italy.
- Identity document and proof of residence in the consular district.
The declaration of election is subject to the contribution of 250 euro payable to the Italian State under article 9-bis of the law. The exemption introduced in 2026 concerns the declarations for minor children only.
Procedure and effect
The consular officer receives the declaration, verifies the documents, records the deed in the civil status register and transmits it to the comune for transcription. There is no oath and no language test. Under article 15 of the law the acquisition takes effect from the day after the conditions and formalities are fulfilled. From that day the person is Italian, with the right to the AIRE registration and the passport, and the comune transcribes the birth certificate.
Because the term is one year and the file requires a certificate from Italy, a legalised British document and, in most cases, a letter from the Home Office, the preparation should begin as soon as the recognition is made. A declaration lodged after the term, however complete, is refused.
If a parent has recognised you as an adult, or a court has established the parentage, send us the deed or the judgment and the parent’s documents. The written assessment tells you whether article 3-bis allows the election and what must be lodged within the year.