Law No. 74 of 23 May 2025, which converted Decree-Law No. 36 of 28 March 2025, introduced significant restrictions on the transmission of Italian citizenship and, consequently, on the registration process of birth certificates of minors born abroad.
The new citizenship law has introduced the principle that anyone who was born abroad – even before the date of entry into force of Law no. 74/2025 – is considered to never have obtained Italian citizenship if they hold, or are entitled to acquire, another citizenship, unless the legal conditions are met.
AUTOMATIC ACQUISITION OF ITALIAN CITIZENSHIP FOR CHILDREN BORN ABROAD TO ITALIAN CITIZENS
A child born abroad to Italian parents is considered an Italian citizen by law only if at least one of the following conditions is met:
- At the time of birth, the minor is eligible exclusively for Italian citizenship, meaning he/she neither holds nor is entitled to acquire any other citizenship (e.g., by jus sanguinis, jus soli, option, etc.).
Supporting documents must be submitted to prove that the minor could not acquire any foreign citizenship at birth.
For further information regarding the required documents to demonstrate exclusive possession of Italian citizenship, click HERE.
- At the time of birth, an ancestor in the first or second degree (i.e., a parent or grandparent) held – or had held at the time of death – exclusively Italian citizenship;
The registration request must be accompanied by documentation unequivocally proving that, at the time of the minor’s birth, one parent or grandparent was exclusively an Italian citizen (or held exclusively Italian citizenship at the time of their death, if prior to the birth of the minor).
Affidavits (self-declarations) stating the possession of sole citizenship will not be accepted.
For more information on documentation proving exclusive Italian citizenship of parents or grandparents, click HERE.
- The Italian parent was resident in Italy for at least two continuous years after acquiring Italian citizenship and before the date of the child’s birth.
The Italian parent who acquired citizenship through marriage, residency, or alternative law provisions must provide proof of his/her residency in Italy for at least two continuous years after acquiring citizenship and prior to the child’s birth.
Residency in Italy prior to acquiring Italian citizenship or the residency of the non-Italian parent is not considered relevant.
Affidavits (self-declarations) stating the prerequisite of residency are not accepted.
The applicant bears full responsibility for providing valid proof of residency.
For further information on documentation proving at least two consecutive years of residency in Italy after acquiring citizenship and before the child’s birth, click HERE.
Download the application form for registration of birth certificate HERE
NEW CASES OF CITIZENSHIP ACQUISITION ABROAD FOR MINOR CHILDREN OF ITALIAN CITIZENS WHO DO NOT AUTOMATICALLY TRANSMIT ITALIAN CITIZENSHIP
A minor born abroad to Italian parents who does not automatically acquire Italian citizenship by descent – due to possession of another citizenship or the parent/grandparent holding another citizenship – may be eligible to acquire Italian citizenship by special provisions upon the submission, by the parents or legal guardian, of a formal declaration within one year from the child’s birth, provided that all the following conditions are simultaneously met:
- At least one parent is an Italian citizen by jus sanguinis.
Citizens who acquired Italian citizenship through naturalisation (Art. 9, Law No. 91/1992), acquisition by special provisions (Art. 4), marriage (Art. 5 of Law No. 91/1992 or Art. 10 of Law No. 555/1912), or iuris communicatione (Art. 14, Law No. 91/1992) are excluded.
The applicant is solely responsible for providing valid proof of Italian citizenship by descent (jus sanguinis).
This may be demonstrated by a valid identity document and a certificate of citizenship issued by the competent Italian municipality within six months of the application for birth registration, explicitly stating Italian citizenship from birth.
Both parents (including the non-Italian parent) or the legal guardian must submit a formal declaration of intent within one year of the child’s birth, or of the date the parent-child relationship is established, including adoption of a child under the age of 18. The declaration must be made at the Consulate by appointment and is subject to verification of the above legal conditions, as well as a payment of €250 to the Italian Ministry of Interior (the fee is due for each minor).
A transitional provision (Art. 1, para. 1-ter of Decree-Law No. 36/2025) has also been introduced, allowing the declaration of intent to acquire citizenship in favor of a minor child of an Italian citizen, when all of the following conditions are met:
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- Children who were still minor as of 24 May 2025 (the effective date of the conversion law): In this case, parents may submit the declaration by 11:59 pm Rome time on 31 May 2026, together with all the required documents listed below.
- Children who were born after 24 May 2025: In this case, parents must submit the declaration within one year of the child’s birth (or from the date the parent-child relationship is established in case of adoption), together with all the required documents listed below.
If the minor turns 18 before 31 May 2026, he/she must submit the declaration personally by that date.
All complete and correct documentation must be presented in original at the time of the appointment.
IMPORTANT NOTES:
- A minor who acquires Italian citizenship by special law provisions is not considered an Italian citizen by birth or jus sanguinis. According to Article 15 of Law No. 91/1992, citizenship is acquired the day after all legal conditions are met (for declarations submitted at the Consulate, the day after the declaration by both parents is received).
- An individual who acquired Italian citizenship through a parental declaration may, upon reaching 18 years of age, formally renounce such citizenship, provided he/she holds another nationality.
DOCUMENT CHECKLIST:
- Declaration of intent to acquire Italian citizenship submitted by the parents or legal guardian. The form may be pre-filled, but it must be signed in the presence of a consular officer (by appointment);
- Application Form for registration of the birth certificate;
- Birth Certificate of the minor legalised with apostille;
- Copies of passports of both parents and the minor (if available);
- Citizenship certificate of the Italian parent, issued for citizenship purposes (no duty stamp/imposta di bollo), specifying the place, date, and method of acquisition of Italian citizenship, issued by the relevant Italian municipality;
- Proof of €250 payment made to the Ministry of Interior before the appointment via bank transfer using the following details:
- Beneficiary: Ministry of the Interior – D.L.C.I Citizenship
- Bank: Poste Italiane S.p.A.
- IBAN: IT54D0760103200000000809020
- Purpose of payment: “Acquisition of citizenship under [Art. 4 Law 91/1992] or [Art. 1, para. 1-ter DL 36/2025] on behalf of [name and surname of the minor]”
- BIC/SWIFT CODE: BPPIITRRXXX – €250
Please note that in either case – citizenship acquisition by special law provisions – the minor does not acquire Italian citizenship by birth, but from the day following the parental declaration at the Consulate.
Click HERE for a summary of the new regulations.