Adoption by an Italian citizen can be an important turning point for a foreign national, including from a legal standpoint. However, when the adoption concerns a person who has already reached the age of majority, the consequences for citizenship differ from those provided for minors. In particular, the adoptive relationship does not automatically lead to the acquisition of Italian citizenship, but allows the person concerned to access a specific naturalization procedure, subject to certain conditions.

Italian citizenship and the adoption of an adult

Italian law clearly distinguishes the adoption of a foreign minor from that of a person who is already eighteen. In the latter case, the adoptee keeps the citizenship of their country of origin and does not become an Italian citizen as a direct effect of the adoption ruling.

The possibility of obtaining Italian citizenship is nevertheless provided for by Law No. 91 of 1992, which, in Article 9(1)(b), grants foreign adults adopted by an Italian citizen the right to apply for the granting of citizenship, provided that they have completed at least five years of legal residence in Italy after the adoption.

This is therefore a separate path from the automatic acquisition of citizenship provided for in other cases, in which the adoptive relationship is the prerequisite for accessing the procedure, while continuous residence in Italy is an essential requirement.

The residence requirement after adoption

One of the most important aspects for anyone wishing to take this path concerns the length of stay in Italy. The five years required by law must be completed after the adoption ruling and require legal and uninterrupted residence in Italy.

It is therefore not enough to have lived in Italy for a significant period before the adoption, nor does the mere fact of having been adopted by an Italian citizen allow the application to be submitted immediately. It must be verified that the entire period required by law has elapsed since the date of the ruling, without interruptions in the residence relevant to the procedure.

During this stage, the person concerned must also maintain a regular administrative position and, where necessary, ensure that they hold a valid residence permit, so as to be able to document their legal stay in the country.

Submitting the application and assessment

Once the five-year requirement has been met, the adopted person can initiate the procedure for the granting of Italian citizenship. The application must be addressed to the Ministry of the Interior through the Prefecture with jurisdiction over the applicant’s place of residence.

The Prefecture plays a central role in examining the application, verifying that the conditions laid down by law are met and that the documentation submitted is in order. The administrative review precedes the adoption of the final measure, which is formalized by decree of the President of the Republic.

Once the decree granting citizenship has been issued, it is served on the person concerned through the competent offices. It is important to stress that service of the decree, although a decisive step in the procedure, does not yet coincide with the moment citizenship is actually acquired.

The oath and the moment citizenship is acquired

After being served with the decree, the beneficiary must appear before the Civil Registrar (Ufficiale dello Stato Civile) of their municipality of residence to take the oath of allegiance to the Italian Republic.

This step must be completed within six months of the date on which the decree was served, according to the arrangements agreed with the municipal office. Meeting this deadline is particularly important, since the oath is a necessary condition for completing the acquisition of citizenship.

Italian citizenship is acquired from the day after the oath has been duly taken. Only from that moment does the person concerned acquire, for all purposes, the status of Italian citizen, with the resulting ability to exercise the rights recognized by the legal system.

These include the possibility of applying for an Italian passport, once the necessary administrative formalities have been completed and the citizenship details have been updated.

Formalities at the municipality and required documents

Completing the procedure also requires certain civil registration formalities. When the oath is taken, the Civil Registrar records the act in the citizenship registers and transcribes the presidential decree in accordance with the applicable provisions.

For people born abroad, it may also be necessary to transcribe the birth certificate into the Italian registers. To this end, the person concerned must submit the original birth certificate, making sure that it complies with the formalities required for its use in Italy. Depending on the country of origin, the document may need to be legalized or bear an apostille, as well as be accompanied by a certified Italian translation.

The decree granting citizenship, in the version served, must also be submitted to the municipality to allow the acquisition of citizenship status to be properly registered. The documentary requirements must therefore be coordinated with the instructions of the competent Civil Registry office.

Timeframes

As regards timeframes, a distinction must be made between the review stage at the Prefecture and the formalities following service of the decree. The administrative procedure may take a significant amount of time to verify the documentation and adopt the decision, while the oath must be taken within six months of service.

It is therefore advisable to plan the different stages carefully, avoiding delays in submitting documents or in scheduling the appointment at the municipality.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law.