Consolidated Italian Citizenship Law 91/1992: Reflecting Senate-Approved Tajani Decree Changes (A.C. 2402)

As the Italian Parliament moves towards the final conversion of Decree-Law 36/2025 (the “Tajani Decree”) into law, significant changes to Italy’s core citizenship legislation, Law No. 91 of 1992, are taking shape. Following the Senate’s approval on May 15, 2025, the amended bill (now designated A.C. 2402) has progressed to the Chamber of Deputies. The Chamber’s Constitutional Affairs Committee has initiated its examination, with opinions from other committees like Justice and Foreign Affairs being submitted. A final vote on any further amendments by the Constitutional Affairs Committee is anticipated around May 20th, followed by floor discussions and a decisive vote by the full Chamber, likely on **May 20th or 21st**, to meet the pressing May 27th conversion deadline.

While we await this final legislative step, which is widely expected to confirm the Senate’s version due to the tight timeline, providing a consolidated view of Law 91/1992 as it *would* read with the Senate-approved amendments offers crucial clarity. This allows individuals pursuing Italian citizenship by descent (jure sanguinis) and other pathways to understand the evolving legal landscape. For a history of the original decree and amendments, see our initial analysis and the guide to all proposed amendments.

This article presents a partial consolidated text of Law 91/1992, highlighting the key modifications from Bill A.C. 2402. Please note this is based on the Senate-approved version; while substantial changes in the Chamber are unlikely, the text is not yet definitive law.

Official legislative texts are published in the Gazzetta Ufficiale and can be tracked on the websites of the Italian Senate and the Chamber of Deputies. You can also find ongoing updates and community discussions in our news section.

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ADDED/MODIFIED TEXT IS IN BOLD AND UNDERLINED
~~CROSSED-OUT TEXT INDICATES SUPPRESSED ORIGINAL TEXT~~ (If strikethrough does not render correctly, the Reading Guide for each article will clarify the deletions.)

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CONSOLIDATED TEXT (PARTIAL) OF LAW NO. 91 OF FEBRUARY 5, 1992

“New norms on citizenship”

(As it would be modified by Bill A.C. 2402 approved by the Senate on May 15, 2025 – English Translation)

Article 1.

(Acquisition of citizenship by birth – Jure Sanguinis)

A person is a citizen by birth:
1. if the father or mother are citizens;
2. if born in the territory of the Republic and both parents are unknown or stateless, or if the child does not acquire the citizenship of the parents according to the law of the State to which they belong.
A child of unknown parents found in the territory of the Republic is considered a citizen by birth, unless possession of another citizenship is proven.

Reading Guide – Article 1 (Significant Indirect Impact):

Although Article 1 has not been directly modified in its text by Bill A.C. 2402, its practical application and scope are profoundly altered by the introduction of the new **Article 3-bis** (see below).
Article 3-bis, indeed, introduces a general presumption whereby a person born abroad who also holds another citizenship is considered never to have acquired Italian citizenship (even if born before the decree came into force), unless one of the specific and restrictive conditions listed in Article 3-bis itself is met. This has major implications for those considering a 1948 Case or other jure sanguinis claims.
Therefore, the general principle of *jure sanguinis* (“child of a citizen father or mother”) established by Article 1, comma 1, letter a), is significantly limited for those born abroad holding dual citizenship by the new Article 3-bis. Its application must now be read in conjunction with, and subordinate to, the new provisions of Article 3-bis.

Article 3. (Original – No Direct Modification by this Bill, but it’s the insertion point for the new Art. 3-bis)

(Acquisition of citizenship by an adopted foreign minor)

A foreign minor adopted by an Italian citizen acquires Italian citizenship.
The provision of comma 1 also applies to those adopted before the date of entry into force of this law.
Should the adoption be revoked due to the fault of the adoptee, the adoptee loses Italian citizenship, provided they possess another citizenship or reacquire one.
In other cases of revocation, the loss of citizenship does not occur.

NEW ARTICLE INSERTED AFTER ARTICLE 3 (by Bill A.C. 2402):

Art. 3-bis.

(Provisions concerning the acquisition of Italian citizenship for those born abroad)

Notwithstanding Articles 1, 2, 3, 14, and 20 of this law, Article 5 of Law No. 123 of April 21, 1983, Articles 1, 2, 7, 10, 12, and 19 of Law No. 555 of June 13, 1912, as well as Articles 4, 5, 7, 8, and 9 of the Civil Code approved by Royal Decree No. 2358 of June 25, 1865, a person born abroad, even before the date of entry into force of this article, who is in possession of another citizenship, is considered never to have acquired Italian citizenship, unless one of the following conditions is met:
1. the citizen status of the interested party is recognized, in compliance with the legislation applicable on March 27, 2025, following an application, accompanied by the necessary documentation, submitted to the competent consular office or mayor no later than 11:59 PM, Rome time, of the same date;
2. (a-bis) the citizen status of the interested party is recognized, in compliance with the legislation applicable on March 27, 2025, following an application, accompanied by the necessary documentation, submitted to the competent consular office or mayor on the day indicated by an appointment communicated to the interested party by the competent office by 11:59 PM, Rome time, of the same date of March 27, 2025;
3. the citizen status of the interested party is judicially ascertained, in compliance with the legislation applicable on March 27, 2025, following a judicial application submitted no later than 11:59 PM, Rome time, of the same date;
4. an ascendant of the first or second degree possesses, or possessed at the time of death, exclusively Italian citizenship;
5. a parent or adopter was resident in Italy for at least two consecutive years subsequently to the acquisition of Italian citizenship and before the date of birth or adoption of the child.
~~e) an Italian citizen ascendant of the first degree of the citizen parents or adopters was born in Italy.~~ (Original letter e of the Decree-Law, suppressed by Senate modifications)

Reading Guide – Article 3-bis (New):

This is the core of the Tajani Decree and introduces the major restrictions to *jure sanguinis*.
Comma 1 (Negative Presumption): Establishes a general presumption that a person born abroad with another citizenship has *never acquired* Italian citizenship, even if born before this article’s entry into force (retroactive effect).
Exceptions to the Presumption: Citizenship is nonetheless recognized if one of the listed conditions is met:
- Letters a) & a-bis): Safeguard administrative applications submitted by March 27, 2025 (or submitted on the day of an appointment confirmed by that date). This addresses concerns about consulate appointment backlogs.
- Letter b): Safeguards judicial applications submitted by March 27, 2025.
- Letter c) (Highly Restrictive): Requires a parent or grandparent to possess (or have possessed at death) **exclusively** Italian citizenship. This is a significant and very restrictive change from the original decree text and previous practices, as many emigrants acquired other citizenships.
- Letter d): Requires a parent/adopter to have been resident in Italy for at least two years *after* acquiring Italian citizenship and *before* the child’s birth/adoption.
- Suppression of original letter e): The exception based on an Italian-born grandparent has been eliminated as a standalone condition (partially and more restrictively absorbed into the new letter c). The crossed-out text indicates the original Decree-Law text that was suppressed.

Article 4.

(Acquisition of citizenship by operation of law)

A foreigner or stateless person, whose father or mother or one of the ascendants in a direct line to the **second degree are or** were citizens by birth, becomes a citizen:
1. if they perform effective military service for the Italian State and previously declare their intention to acquire Italian citizenship;
2. if they assume public employment with the State, even abroad, and declare their intention to acquire Italian citizenship;
3. if, upon reaching the age of majority, they have been legally resident for at least two years in the territory of the Republic and declare, within one year of reaching said age, their intention to acquire Italian citizenship.
(1-bis) A foreign or stateless minor, whose father or mother are citizens by birth, becomes a citizen if the parents or guardian declare the intention for the acquisition of citizenship and one of the following requirements is met:
1. subsequently to the declaration, the minor legally resides for at least two consecutive years in Italy;
2. the declaration is submitted within one year of the minor’s birth or from the subsequent date on which filiation, including adoptive, from an Italian citizen is established.
(1-ter) Having reached the age of majority, whoever acquired citizenship pursuant to comma 1-bis may renounce it if in possession of another citizenship.
A foreigner born in Italy, who has legally resided there without interruption until reaching the age of majority, becomes a citizen if they declare their intention to acquire Italian citizenship within one year from the said date.

(Bill A.C. 2402 also adds a transitional provision, numbered “1-ter” in the Bill text itself (but referring to these new commas of Art. 4), which provides: “For minors at the date of entry into force of the conversion law of this decree, children of citizens by birth referred to in Article 3-bis, comma 1, letters a), a-bis) and b), of Law No. 91 of February 5, 1992, the declaration provided for by Article 4, comma 1-bis, letter b), of the same law, may be submitted by 11:59 PM, Rome time, on May 31, 2026.”)

Reading Guide – Article 4 (Modified):

Comma 1, alinea: Adds “are or” to clarify that the condition of the ascendant being a citizen by birth applies whether they are currently a citizen or were one previously.
New Comma 1-bis: Introduces a new path for foreign/stateless minors with an Italian parent by birth. They can become citizens if their parents declare this intention AND the minor legally resides in Italy for 2 years after the declaration, OR the declaration is made within one year of birth/filiation.
New Comma 1-ter (linked to 1-bis): A person who acquires citizenship via comma 1-bis can renounce it upon reaching majority if they hold another citizenship.
Transitional Provision (from the Bill): Offers a window until May 31, 2026, for minors (children of parents “saved” by clauses a, a-bis, b of Art. 3-bis) to use the new option of declaration within one year of birth (provided in the new Art. 4, c.1-bis, lett. b). This is relevant for the Italian citizenship and minor issue.

Article 9.

(Naturalization)

Italian citizenship may be granted by decree of the President of the Republic, after consultation with the Council of State, upon proposal of the Minister of the Interior:
1. to a foreigner whose father or mother or one of the ascendants in a direct line to the **second degree are or** were citizens by birth, ~~or who was born in the territory of the Republic and, in both cases, has legally resided there for at least three years~~ **and who legally resides in the territory of the Republic for at least two years**;
2. (a-bis) to a foreigner born in the territory of the Republic who has legally resided there for at least three years;
3. to an adult foreigner adopted by an Italian citizen who has been legally resident in the territory of the Republic for at least five years subsequent to the adoption;
4. to a foreigner who has served, even abroad, for at least five years in the employment of the State;
5. to a citizen of a Member State of the European Communities if legally resident for at least four years in the territory of the Republic;
6. to a stateless person legally resident for at least five years in the territory of the Republic;
7. to a foreigner legally resident for at least ten years in the territory of the Republic.
… [Comma 2 unchanged by this section of the Bill] …

Reading Guide – Article 9 (Modified):

Comma 1, Letter a):
- Adds “are or” for the ascendant.
- **Reduces the residency requirement from 3 to 2 years** for foreigners with an Italian parent/grandparent by birth applying for naturalization. The original text “or who was born in the territory of the Republic and, in both cases, has legally resided there for at least three years” is replaced by “and who legally resides in the territory of the Republic for at least two years”.
- Removes the reference to those born in Italy from this letter.
New Letter a-bis): Creates a specific category for the naturalization of a foreigner **born in Italy**, maintaining for them the requirement of **3 years of legal residency**.

Article 14.

(Acquisition of citizenship by a cohabiting minor)

Minor children of a person who acquires or reacquires Italian citizenship, if cohabiting with said person at the time of acquisition or reacquisition, acquire Italian citizenship**, provided they do not renounce it upon reaching the age of majority, if in possession of another citizenship. The first period applies if, on the date of acquisition or reacquisition of citizenship by the parent, the minor legally resides in Italy for at least two consecutive years or, if under two years of age, since birth**.

Reading Guide – Article 14 (Modified):

This article concerns the automatic acquisition of citizenship by minor children when a parent becomes Italian.
Added Residency Condition: The main change is the addition of a restrictive condition: the minor automatically acquires citizenship **only if**, on the date the parent becomes Italian, the minor **has been legally resident in Italy for at least two consecutive years (or since birth if younger than two)**. This is a significant change from previous practice, which primarily required cohabitation. The implications for the naturalization of minors and their automatic acquisition are notable.

Article 17.

(Reacquisition of citizenship)

~~A person who has lost citizenship reacquires it:~~
1. Without prejudice to the provisions of Article 3-bis, a person who was born in Italy or was resident there for at least two consecutive years and lost citizenship in application of Article 8, numbers 1 and 2, or of Article 12 of Law No. 555 of June 13, 1912, reacquires it if they make a declaration to that effect on a date between July 1, 2025, and December 31, 2027.
… [Comma 2 and following unchanged by this section of the Bill] …

Reading Guide – Article 17 (Modified):

Comma 1 Replaced: The original comma 1, which listed various ways to reacquire lost citizenship, has been **entirely replaced** (indicated by the crossed-out text).
New Limited Reacquisition Window: The new comma 1 (in bold and underlined) introduces a specific time window (July 1, 2025 – December 31, 2027) for reacquiring citizenship. It is limited to those who:
- Were born in Italy OR were resident in Italy for at least two consecutive years; AND
- Lost citizenship due to specific provisions of the old 1912 Law (Art. 8, nos. 1 & 2, or Art. 12).
Crucially, this possibility is “Without prejudice to the provisions of Article 3-bis,” meaning it does not override the new restrictions of the Tajani Decree for new *jure sanguinis* recognition claims but applies to specific cases of *reacquisition* by former citizens.
A consular fee of €250 is introduced for this declaration (as per Art. 1-ter, comma 2 of Bill A.C. 2402, amending D.Lgs. 71/2011).

Important Note: This is a partial consolidated text focusing on the most relevant articles impacted. Bill A.C. 2402 also contains **Art. 1-bis (Provisions to favor the recovery of Italian roots of ‘oriundi’…)** which amends Art. 27 of the Consolidated Immigration Act (D.Lgs. 286/1998) and, as seen, Art. 9 of Law 91/1992. It further contains **Art. 1-ter (Reacquisition of citizenship in favor of ex-citizens)** which amends Art. 9-bis and Art. 17 of Law 91/1992 and introduces the consular fee. These additional provisions have been integrated or described in the reading guides of the relevant articles of Law 91/1992. For a complete understanding, reference to the full text of Bill A.C. 2402 and Law 91/1992 in its entirety is always necessary. The full translated bill text is available on our page: Consolidated Text of Law 91/1992 (A.C. 2402).

Frequently Asked Questions: Consolidated Italian Citizenship Law 91/1992

What is the Consolidated Italian Citizenship Law 91/1992 after the Tajani Decree?

This refers to Law No. 91 of February 5, 1992, the primary Italian citizenship law, as it would read incorporating the amendments introduced by the bill (A.C. 2402) to convert Decree-Law 36/2025 (Tajani Decree) into law, following its approval by the Italian Senate on May 15, 2025. Key changes include the new restrictive Article 3-bis for jure sanguinis claims and modifications to Articles 4, 9, 14, and 17.

How does the new Article 3-bis affect Italian citizenship by descent (jure sanguinis)?

The new Article 3-bis, inserted into Law 91/1992 by the Tajani Decree Senate approval, establishes a general presumption that individuals born abroad with another citizenship are considered never to have acquired Italian citizenship, even if born before the decree. This applies unless specific, restrictive conditions are met, such as having a parent/grandparent who held exclusively Italian citizenship, or having applied by the March 27, 2025 deadline. For a full list of earlier amendment proposals see our guide to Decree 36 amendments.

Are there changes to the rules for minors acquiring Italian citizenship?

Yes, the consolidated text reflects changes. The new Article 4, comma 1-bis of Law 91/1992 introduces a path for minors with an Italian parent by birth to acquire citizenship through parental declaration and subsequent residency or timely declaration after birth. Furthermore, Article 14 has been modified to require minors to be legally resident in Italy for at least two years (or since birth if younger) at the time their parent acquires/reacquires Italian citizenship for them to automatically acquire it. This is a more restrictive approach than before. You can read more on the general Italian citizenship and minor issue.

What are the updated rules for naturalization under Article 9?

The consolidated Article 9, comma 1, letter a) of Law 91/1992 reduces the residency requirement for naturalization from 3 to 2 years for foreigners who have an Italian parent or grandparent by birth. A new letter a-bis) is added, allowing foreigners born in Italy to apply for naturalization after 3 years of legal residency. For more context on naturalization see our article on Naturalization and the Tajani Decree.

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Law 91/1992 with Reading Guide (After Tajani Decree – English)

Consolidated Italian Citizenship Law 91/1992: Reflecting Senate-Approved Tajani Decree Changes (A.C. 2402)

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