In two cases, provided for by paragraph 1-bis of Article 4 of Law no. 91/1992 and by Article 1, paragraph 1-ter of Decree-Law no. 36/2025, minor children born abroad to a citizen parent who does not automatically transmit citizenship may acquire Italian citizenship.
The minor who benefits from this provision will not be an Italian citizen by birth or iure sanguinis.
Pursuant to Article 15 of Law no. 91/1992, the minor does not acquire citizenship from the day of birth, but from the day following the fulfillment of the conditions laid down by law.
First case
(paragraph 1-bis of Article 4 of Law no. 91/1992)
The following requirements must be jointly met:
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One of the parents is a citizen by birth.
Therefore, cases of citizenship acquired by naturalization under Article 9 of Law no. 91/1992, or “by benefit of law” under Article 4 of Law no. 91/1992, or by marriage under Article 5 of Law no. 91/1992 or Article 10 of Law no. 555/1912, or by reacquisition under Articles 13 or 17 of Law no. 91/1992, or by iuris communicatione (Article 14 of Law no. 91/1992), are excluded. -
Both parents (including the foreign parent), or the legal guardian, must submit a declaration of intent to acquire citizenship within three years from birth (or from the later date on which filiation to an Italian citizen is established, or on which adoption by an Italian citizen during the minor’s age is decided).
In the event that filiation is recognized at a later time by two parents who are both citizens by birth, the one-year period shall run from the first recognition (as the first recognition already entails the transmission of citizenship).
If, instead, recognition by the foreign parent (or by an Italian citizen not by birth but under another title) occurs first, the one-year period shall be calculated from the recognition by the second parent who is a citizen by birth.
The declaration of intent to acquire citizenship must be formal and made in person, in the presence of an official delegated to perform civil status functions.
If the parents do not submit the declaration simultaneously, the legal requirement is considered fulfilled on the date the declaration of the second parent is submitted.
If filiation (including adoption) is established with respect to only one person (or if the other parent is deceased), the declaration of a single parent shall suffice.
If the minor establishes legal residence in Italy, the declaration may also be submitted after the three-year period from birth; however, residence must continue for at least two consecutive years following the declaration of intent to acquire citizenship submitted by the parents.
Second case
(paragraph 1-ter of Article 1 of Decree-Law no. 36/2025)
This applies when all of the following conditions are met:
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the persons concerned were minors on the date of entry into force of the conversion law, i.e. persons who had not reached the age of 18 as of 24 May 2025;
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they are children of citizens by birth who fall within the conditions set out in letters a), a-bis) and b) of Article 3-bis of Law no. 91/1992.
In other words, the parents must have been recognized as citizens on the basis of an administrative or judicial application submitted by 11:59 p.m. (Rome time) on 27 March 2025, or on the basis of an application submitted following an appointment communicated by the Consular Office or the Municipality by the same date; -
the declaration by the parents or by the guardian must be submitted to the Consular Office by 31 May 2026.
If the person concerned, who was a minor as of 24 May 2025, becomes of legal age in the meantime, the declaration must be submitted personally by the individual within the same deadline.
The declarations must be made in person at the Consular Office, before officials delegated to civil status functions.
The following documents must also be attached:
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an identity document of the applicant;
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an identity document or an apostilled and translated certificate (translated by a NAATI-certified translator) proving the child’s other citizenship;
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proof of residence within the consular district;
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and the documentation listed in the relevant declaration form.
For Italian citizens registered with AIRE in the consular district of residence, the certificate of Italian citizenship by birth of the father or mother may be replaced by a self-certification declaration.
Italian citizenship acquired through the methods described above may be renounced by the person concerned once they reach the age of majority, provided that such renunciation does not result in statelessness.
HOW THE PARENTS CAN APPLY FOR THE RECOGNITION OF CITIZENSHIP BY BENEFIT OF LAW