A minor recognised by an Italian parent as their biological child or declared by a court as the child of an Italian citizen, is an Italian citizen (law n. 91/1992, art 2, par. 1).
Adults, however, can acquire Italian citizenship by recognition or court order only if they express their will to do so within one year of their recognition or court order through an act of ‘elezione di cittadinanza’ (law n. 91/1992, art 2, par. 2).
Therefore, the individual whose parents were not married at the time of birth, who has been recognised by their Italian parent after becoming an adult, must sign a document called ‘elezione di cittadinanza italiana’ at the Italian Consulate within one year of recognition. After this date, they lose their right to Italian citizenship. The twelve months deadline is not extendable (law n. 91/1992).
It is therefore advisable for an adult to proceed first with a decree of recognition of paternity/maternity, to be formalised in the presence of both the Italian parent and the adult who wishes to be recognised.
If the Italian parent is resident in Italy, the decree of recognition should be prepared by a Notary in Italy who is a member of the Collegio Notarile. It will then have to be registered at the local Tribunal in Italy.
However, if the Italian parent is resident abroad, the Notary Office of the appropriate Italian Consular office is responsible for preparing the decree of recognition and for registering it in Italy. The one year deadline for proceeding with the ‘elezione di cittadinanza italiana’ is calculated from the date the decree of recognition is officially registered in Italy.
For further information on how to apply for a decree of recognition of paternity/maternity within this consular district, please visit our website.
Those residents under this consular district, who have already been issued with a decree of recognition of paternity/maternity, and who wish to submit an ‘elezione di cittadinanza italiana’, should send an email to the Citizenship office (cittadinanza.londra@esteri.it) asking for an appointment and for further details about the documentation required. They should provide:
- Name, surname, place and date of birth of the applicant;
- Address and proof of residence in the United Kingdom of the applicant;
- Copy of the decree of recognition;
- Copy of the applicant’s birth certificate.