With DECREE-LAW 28 March 2025, n. 36 the Italian Government has launched a new provision on citizenship, modifying law n. 91/1992. The new article n.3bis in fact modifies the useful and necessary requirements for the recognition of Italian citizenship jure sanguinis
Art. 3-bis.
By way of derogation from 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, any person born abroad, even before the date of entry into force of this article, who holds another citizenship, shall be considered as never having acquired Italian citizenship, except in one of the following cases:
a) The individual’s status as a citizen is recognized, in compliance with the applicable regulations as of 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, on the same date;
b) The individual’s status as a citizen is judicially established, in compliance with the applicable regulations as of March 27, 2025, following a judicial application submitted no later than 11:59 PM, Rome time, on the same date;
c) A parent or adoptive parent who is a citizen was born in Italy;
d) A parent or adoptive parent who is a citizen resided in Italy for at least two consecutive years before the birth or adoption of the child;
e) A first-degree ascendant of the parents or adoptive parents who is a citizen was born in Italy.
Article 19-bis of Legislative Decree No. 150 of September 1, 2011, is amended as follows:
a) The title is replaced with the following: “Disputes concerning the determination of stateless status and Italian citizenship.”
b) After paragraph 2, the following are added:
“2-bis. Except in cases expressly provided for by law, in disputes concerning the determination of Italian citizenship, oath and testimonial evidence are not admissible.
2-ter. In disputes concerning the determination of Italian citizenship, the party requesting the recognition of citizenship is required to provide evidence demonstrating the absence of legal grounds for the non-acquisition or loss of citizenship as provided by law.”